Davill v Pull & Anor [2009] EWCA Civ 1309 (10 December 2009)

Davill v Pull & Anor [2009] EWCA Civ 1309 (10 December 2009)

The phrase 'for all reasonable and usual purposes' in the grant of the right of way does not limit the use of the track to garden or allotment purposes but permits its use for any purpose that is reasonable and usual from time to time, including residential development and occupation, provided such use is not...

Source-derived case information.

Citation
[2009] EWCA Civ 1309
Parties
Appellant: Norman Davill; Respondent: Clive Pull; Respondent: Marion Pearl Sanderson
Jurisdiction
England and Wales
Judgment Date
10 December 2009
Procedural Posture
Appeal / Court of Appeal Judgment
Outcome
Appeal allowed
Legal Topics
Easements, Interpretation of Deeds, Rights of Way, Restrictive Covenants
Property Law Easements Interpretation of Deeds Rights of Way Restrictive Covenants

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Parties

Norman Davill

Appellant

Clive Pull

Respondent

Marion Pearl Sanderson

Respondent

Procedural Posture

Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the express grant of a right of way 'for all reasonable and usual purposes' over a track appurtenant to plots described as 'garden ground' limits the use of the track to garden/allotment purposes or permits use for residential development and occupation.

Ratio Decidendi

The phrase 'for all reasonable and usual purposes' in the grant of the right of way does not limit the use of the track to garden or allotment purposes but permits its use for any purpose that is reasonable and usual from time to time, including residential development and occupation, provided such use is not unreasonable or unusual.

Court Disposition

Appeal allowed

Orders

  • Set aside paragraphs 1 to 5 of the Judge's order
  • Declaration to be substituted reflecting the Court of Appeal's conclusion