Wilkinson and Others v Kerdene Ltd: CA 6 Feb 2013

The court considered the effect of historic conveyances creating a scheme for the maintenance of roads etc within an estate.
Rix, Arden, Patten LJJ
[2013] EWCA Civ 44
England and Wales
CitedElliston v Reacher ChD 1908
The court was asked whether a building scheme had been established.
Held: It had. The court set out the factors which must be shown to establish a building scheme on an estate; Both plaintiff and defendant’s titles must derive from the same . .
CitedHalsall v Brizell ChD 1957
The Court was asked whether the covenant to pay an appropriate proportion of the costs of keeping in good repair the roadways, sea wall, drains and sewers in respect of a common development was enforceable.
Held: The defendants could not be . .

These lists may be incomplete.
Updated: 28 April 2021; Ref: scu.470804