1 Apr 2022
THORNLEY v FORD [2022] NZHC 667
- Citation
- [2022] NZHC 667
- Court
- High Court
The court found the circa 1980 agreement created an equitable easement by agreement supported by consideration and part performance, but that equitable easement was extinguished by the intermediary July 1996 transfer of the burdened land to Messrs Wiley and Mills because those transferees took without actual or constructive notice and there was no evidence of an intention to defeat the interest at that time; rectification was not pursued and lacked evidence of mistake; the estoppel claim failed because plaintiffs could not show the defendants made a representation or had a duty to warn prior…