header-logo header-logo

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

Righting a wrong

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

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
back-to-top-scroll