Atkinson & Ors v Browne & Ors [2025] EWHC 1448 (Ch) (13 June 2025)

Atkinson & Ors v Browne & Ors [2025] EWHC 1448 (Ch) (13 June 2025)

The Association, its Committee and Trustees cannot enforce restrictive covenants on Upper House and Holly Tree House as they do not own benefited land, no building scheme or chain of assignments exists, and covenants are not annexed to their land. The Association cannot enforce covenants contractually under its Constitution, but the Committee may take registered covenants into account when considering applications for works, regardless of enforceability. The Trustees were not wrongly registered as proprietors of the roadways; the ad medium filum viae presumption does not apply to the Claimants' properties due to estate context and conveyance wording. The Association acquired title to the...

Citation
[2025] EWHC 1448 (Ch)
Parties
Claimant: Robert Atkinson; Claimant: Philippa Atkinson; Claimant: Grant Bremer; Claimant: Julie Bremer; Defendant: Richard Browne; Defendant: Suzanne Jarvis; Defendant: Derek Cribb
Jurisdiction
England and Wales
Judgment Date
13 June 2025
Procedural Posture
Civil / First Split Trial (trial I) on Liability and Declarations
Outcome
Declarations granted in favour of Claimants regarding non-enforceability of restrictive covenants and contractual position; declarations refused regarding mistaken registration and ad medium filum viae title.
Legal Topics
Restrictive Covenants, Adverse Possession, Building Schemes, Contractual Interpretation, Land Registry Rectification
Property Law Trusts Land Registration Restrictive Covenants Adverse Possession Building Schemes Contractual Interpretation Land Registry Rectification

Case Brief

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Parties

Robert Atkinson

Claimant

Philippa Atkinson

Claimant

Grant Bremer

Claimant

Julie Bremer

Claimant

Richard Browne

Defendant

Suzanne Jarvis

Defendant

Derek Cribb

Defendant

Procedural Posture

Civil / First Split Trial (trial I) on Liability and Declarations

Legal Issues

  1. 1 Whether the Association, its Committee or Trustees, can enforce restrictive covenants on Upper House and Holly Tree House
  2. 2 Whether the Association can enforce covenants contractually under its Constitution
  3. 3 Whether Trustees were wrongly registered as proprietors of the roadways

Ratio Decidendi

The Association, its Committee and Trustees cannot enforce restrictive covenants on Upper House and Holly Tree House as they do not own benefited land, no building scheme or chain of assignments exists, and covenants are not annexed to their land. The Association cannot enforce covenants contractually under its Constitution, but the Committee may take registered covenants into account when considering applications for works, regardless of enforceability. The Trustees were not wrongly registered as proprietors of the roadways; the ad medium filum viae presumption does not apply to the Claimants' properties due to estate context and conveyance wording. The Association acquired title to the...

Court Disposition

Declarations granted in favour of Claimants regarding non-enforceability of restrictive covenants and contractual position; declarations refused regarding mistaken registration and ad medium filum viae title.

Orders

  • Declaration that neither the Association, Committee nor Trustees can enforce, vary, waive, release, or provide consent under restrictive covenants recorded on the titles of Upper House and Holly Tree House.
  • Declaration that Defendants cannot enforce restrictive covenants contractually under the Association's Constitution.