P&S Platt Ltd v Crouch & Anor [2002] EWHC 2195 (Ch) (25 October 2002)

P&S Platt Ltd v Crouch & Anor [2002] EWHC 2195 (Ch) (25 October 2002)

The rights to moor boats at the River Moorings and to place and maintain signs for the benefit of the hotel passed to the claimant under section 62 of the Law of Property Act 1925 and the rule in Wheeldon v. Burrows, as these rights were continuous, apparent, and enjoyed with the hotel, and there was no sufficient...

Source-derived case information.

Citation
[2002] EWHC 2195 (Ch)
Parties
Claimant: P & S Platt Limited; Defendant: Philip John Crouch; Defendant: Gwendoline Sylvia Crouch
Jurisdiction
England and Wales
Judgment Date
25 October 2002
Procedural Posture
Chancery Division Civil Claim / First Instance Judgment
Outcome
Claim allowed in part; declaration granted as to mooring and signage rights; claim for fishing rights dismissed; counterclaim for rectification dismissed.
Legal Topics
Implied Easements, Section 62 Law of Property Act 1925, Wheeldon V. Burrows Rule, Rectification, Intention of Parties in Conveyancing
Property Law Easements Contract Law Implied Easements Section 62 Law of Property Act 1925 Wheeldon V. Burrows Rule Rectification Intention of Parties in Conveyancing

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Summary, issues, holding and outcome

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Parties

P & S Platt Limited

Claimant

Philip John Crouch

Defendant

Gwendoline Sylvia Crouch

Defendant

Procedural Posture

Chancery Division Civil Claim / First Instance Judgment

Legal Issues

  1. 1 Whether rights to moor boats, display signs, and access moorings passed to the claimant under the transfer of the hotel by virtue of section 62 Law of Property Act 1925 and/or the rule in Wheeldon v. Burrows; Whether the intention of the parties excluded the operation of section 62; Whether the rights claimed are capable of being easements; Whether rectification of the transfer is available for mutual mistake.

Ratio Decidendi

The rights to moor boats at the River Moorings and to place and maintain signs for the benefit of the hotel passed to the claimant under section 62 of the Law of Property Act 1925 and the rule in Wheeldon v. Burrows, as these rights were continuous, apparent, and enjoyed with the hotel, and there was no sufficient evidence of a contrary intention to exclude them. The rights claimed did not amount to exclusive possession and were capable of being easements. The evidence did not support the passing of a right to fish. Rectification was not available as there was no mutual mistake.

Court Disposition

Claim allowed in part; declaration granted as to mooring and signage rights; claim for fishing rights dismissed; counterclaim for rectification dismissed.

Orders

  • Declaration that the claimant has rights to moor boats at the River Moorings and to place and maintain signs for the benefit of the hotel.
  • Injunction restraining the defendants from interfering with those rights.