There was a claim in trespass arising from mistakes arising on the setting up of a small residential development. An easement necessary to the enjoyment of the plots sold off, was required over land no longer owned by the grantor at the time of the apparent grant.
Held: The circumstances were not such as to allow an equitable easement to arise, and nor by any estoppel. He had stood by while, for example a garage had been built across the path of the purported easement. Appeal dismissed.
Judges:
Lord Justice Peter Gibson, Lord Justice Chadwick And Lady Justice Hale
Citations:
[2003] EWCA Civ 915
Links:
Jurisdiction:
England and Wales
Citing:
Cited – Amalgamated Investment and Property Co Ltd (in Liq) v Texas Commerce International Bank Ltd CA 1982
The court explained the nature of an estoppel by convention.
Lord Denning MR said: ‘The doctrine of estoppel is one of the most flexible and useful in the armoury of the law. But it has become overloaded with cases. That is why I have not gone . .
Lists of cited by and citing cases may be incomplete.
Registered Land
Updated: 07 June 2022; Ref: scu.184265