Robert Atkinson & Ors v Richard Browne & Ors

Robert Atkinson & Ors v Richard Browne & Ors

The Association and its Trustees cannot enforce restrictive covenants as covenants against the Claimants' properties, but the Constitution contractually allows the Committee to take covenants imposed on properties into account when considering applications for works, regardless of enforceability. The ad medium filum viae presumption does not confer title to the roadways to the Claimants; the Trustees acquired title to the roads by adverse possession on behalf of the Association. The registration of title was not mistaken, and the Claimants are not contractually prevented from challenging ownership, but their claim fails on the merits.

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 / Judgment After Initial Trial (trial I)
Outcome
Claim dismissed
Legal Topics
Restrictive Covenants, Adverse Possession, Land Registration, Interpretation of Association Constitutions, Trusteeship, Enforceability of Covenants
Property Law Trusts Contract Law Restrictive Covenants Adverse Possession Land Registration Interpretation of Association Constitutions Trusteeship +1 more

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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 / Judgment After Initial Trial (trial I)

Legal Issues

  1. 1 Whether the Association or its Committee/Trustees can enforce restrictive covenants against the Claimants' properties
  2. 2 Whether the Association can give permissions under restrictive covenants or take them into account under its Constitution
  3. 3 Whether the Trustees were wrongly registered as proprietors of the roadways by mistake and whether rectification should be ordered

Ratio Decidendi

The Association and its Trustees cannot enforce restrictive covenants as covenants against the Claimants' properties, but the Constitution contractually allows the Committee to take covenants imposed on properties into account when considering applications for works, regardless of enforceability. The ad medium filum viae presumption does not confer title to the roadways to the Claimants; the Trustees acquired title to the roads by adverse possession on behalf of the Association. The registration of title was not mistaken, and the Claimants are not contractually prevented from challenging ownership, but their claim fails on the merits.

Court Disposition

Claim dismissed

Orders

  • Declarations that restrictive covenants are not enforceable by the Association as covenants against Claimants' properties
  • Declaration that the Association's Committee may take covenants imposed on properties into account under the Constitution when considering applications for works