header-logo header-logo

Righting a wrong

03 July 2009 / Sue Highmore
Issue: 7376 / Categories: Features , Landlord&tenant , Property
printer mail-detail

Despite careful drafting, easements can be a ripe source of dispute, says Sue Highmore

In Carter v Cole [2009] EWCA Civ 410, [2009] All ER (D) 188 (May) the parties twice ended up in the Court of Appeal to resolve conflicts over the wording of a right of way.

The Carters sold off most of their land to the Coles in 2000, retaining a small plot that was used (by a tenant) as a water bottling plant. A right of way was reserved over the land being sold to provide an access route between the retained land and the highway. The temporary planning consent (for the bottling plant) in force at the time of the sale required adequate visibility splays to be preserved at the junction with the main road, on which only low level vegetation was permitted. The visibility splay land was transferred to the Coles but (the first flaw in the drafting) no restrictive covenant was imposed on them in relation to the planting scheme on that land. The transfer was made subject to the rights in the lease of the bottling

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ career profile: Liz McGrath KC

NLJ career profile: Liz McGrath KC

A good book, a glass of chilled Albarino, and being creative for pleasure help Liz McGrath balance the rigours of complex bundles and being Head of Chambers

Burges Salmon—Matthew Hancock-Jones

Burges Salmon—Matthew Hancock-Jones

Firm welcomes director in its financial services financial regulatory team

Gateley Legal—Sam Meiklejohn

Gateley Legal—Sam Meiklejohn

Partner appointment in firm’s equity capital markets team

NEWS

Walkers and runners will take in some of London’s finest views at the 16th annual charity event

Law school partners with charity to give free assistance to litigants in need

Could the Labour government usher in a new era for digital assets, ask Keith Oliver, head of international, and Amalia Neenan FitzGerald, associate, Peters & Peters, in this week’s NLJ

An extra bit is being added to case citations to show the pecking order of the judges concerned. Former district judge Stephen Gold has the details, in his ‘Civil way’ column in this week’s NLJ

The Labour government’s position on alternative dispute resolution (ADR) is not yet clear

back-to-top-scroll