‘ . . appeal by Churston Golf Club Limited (‘the Golf Club’) against an order of Birss J dated 23 February 2018 dismissing their appeal against the earlier order of HH Judge Carr dated 8 December 2017 who held that the Golf Club is under a positive obligation to erect and maintain a substantial stock-proof fence, wall or hedge along the boundary between its property and that of the claimant, Mr Haddock. The appeal requires us to consider two issues: (1) whether the provisions of clause 2 of a conveyance of the Golf Club’s land to the Mayor, Aldermen and Burgesses of the County Borough of Torbay (‘the Old Council’) on 20 December 1972 falls to be construed simply as a covenant to fence or rather, as Mr Haddock contends, as the creation of an easement of fencing in favour of Mr Haddock’s property as the dominant tenement; and (2) if the latter whether, as the courts below have held, it is possible to create such an easement by express grant.’
Citations:
[2019] EWCA Civ 544
Links:
Jurisdiction:
England and Wales
Land
Updated: 09 June 2022; Ref: scu.635247