The parties disputed the nature and effect of covenants between neighbours and as to whether parking by one neighbour was a breach of the easement, and in particular whether a covenant against parking on a driveway was to be read to import a condition that the restriction only applied where the parking might operate as an obstruction.
Held: The appeal failed. Such disputes fell to be settled on a careful interpretation of the documets involved: ‘the answer is to be found from the words used in the context in which they were used. It is to be found in the impression which the words make on the mind of an informed reader. To my mind, in this context, the restriction against parking vehicles was not intended to be an absolute restriction, but was to be construed as a restriction against parking vehicles which would interfere with the exercise of rights of way, whether granted in this conveyance or granted in some earlier conveyance or, indeed, granted subsequently.’
Judges:
Chadwick LJ
Citations:
[2004] EWCA Civ 1655
Links:
Jurisdiction:
England and Wales
Land
Updated: 22 November 2022; Ref: scu.221011