Chaffe v Kingsley
Chaffe v Kingsley
- 2000
- Estates Gazette [2000] 10 EG 173-181(9) .
CA 21 October 1999. In the 1920s H made up as a road the northern part of a former estate or farm track and sold off a number of residential plots fronting the road. The southern unmade part of the track continued to H's property, Lostock Hall Farm. By two conveyances, of 1928 and 1930, a predecessor in title of the respondent (K) acquired from H one of the plots at the south end of the road. The plan to the 1928 conveyance indicated a right to use the road leading from the main road to Lostock Hall Farm. The same features appeared in the 1930 conveyance except that the road was referred to as an "intended road". The appellant (C) aquired Lostock Hall Farm from a successor in title to H. C claimed he was entitled to enter the Paddock for the purpose of constructing an extension to the made-up road as shown on the plans to the two conveyances. The court rejected his contention that he was so entitled by reason of an implied reservation of rights in the two conveyances. Appeal dismissed.
CHAFFE V KINGSLEY
EASEMENTS
CONVEYANCING
BUILT ENVIRONMENT
CA 21 October 1999. In the 1920s H made up as a road the northern part of a former estate or farm track and sold off a number of residential plots fronting the road. The southern unmade part of the track continued to H's property, Lostock Hall Farm. By two conveyances, of 1928 and 1930, a predecessor in title of the respondent (K) acquired from H one of the plots at the south end of the road. The plan to the 1928 conveyance indicated a right to use the road leading from the main road to Lostock Hall Farm. The same features appeared in the 1930 conveyance except that the road was referred to as an "intended road". The appellant (C) aquired Lostock Hall Farm from a successor in title to H. C claimed he was entitled to enter the Paddock for the purpose of constructing an extension to the made-up road as shown on the plans to the two conveyances. The court rejected his contention that he was so entitled by reason of an implied reservation of rights in the two conveyances. Appeal dismissed.
CHAFFE V KINGSLEY
EASEMENTS
CONVEYANCING
BUILT ENVIRONMENT