Greatorex v Newman & Anor

Greatorex v Newman & Anor

The right of way reserved in the 1921 Conveyance for the benefit of 23 Bridge Street does not extend to use by retail customers of any business operated at 23 Bridge Street, save in the case of emergency, as the trial judge's factual findings on the use of the passage in 1921 were reasonable and supported by the evidence.

Parties
Appellant: Neil Greatorex; Respondent: David Newman; Respondent: Jayne Newman
Jurisdiction
England and Wales
Judgment Date
02 December 2008
Procedural Posture
Civil Appeal / Appeal From Trial Court Judgment
Outcome
appeal dismissed
Legal Topics
Right of Way, Construction of Conveyance, Scope of Easement, Factual Inference in Property Disputes
Property Law Easements Right of Way Construction of Conveyance Scope of Easement Factual Inference in Property Disputes

Case Brief

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Parties

Neil Greatorex

Appellant

David Newman

Respondent

Jayne Newman

Respondent

Procedural Posture

Civil Appeal / Appeal From Trial Court Judgment

Legal Issues

  1. 1 Whether the right of way reserved in the 1921 Conveyance for the benefit of 23 Bridge Street extends to use by retail customers of the business operated at 23 Bridge Street
  2. 2 Whether the trial judge erred in finding that, in 1921, the passage was not used by retail customers for access

Ratio Decidendi

The right of way reserved in the 1921 Conveyance for the benefit of 23 Bridge Street does not extend to use by retail customers of any business operated at 23 Bridge Street, save in the case of emergency, as the trial judge's factual findings on the use of the passage in 1921 were reasonable and supported by the evidence.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed; declaration stands that the right of way does not extend to use by retail customers except in emergency.