Nationwide Building Society v James Beauchamp (a firm)
Nationwide Building Society v James Beauchamp (a firm)
- 2001
- Estates Gazette Law Reports [2001] 45 EG 142, 142-147(6) .
CA 2 March 2001. N started proceedings against J in July 1994 claiming that the security that it had obtained upon completion of the purchase of the plots by the borrowers (J) was defective as it did not include the road land preventing local authority adoption of the road. J bought claims for negligence against N contending that its security did not include the road land nor any enforceable right to construct and procure the adoption of the road. At the trial of a preliminary issue, the trial judge decided "inter alia", that the respondent had no right at common law to build the road to adoption standard, and held there were no rights under the transfer. Appeal allowed. Copy of full judgement available on http://porch.ccta.gov.uk/courtser/judgements.nsf/Search/AE6A77EF9C17127B80256A030059B638?OpenDocument.
EASEMENTS
NATIONWIDE BUILDING SOCIETY V JAMES BEAUCHAMP
ROAD ACCESS
RIGHTS OF WAY
SOLICITORS NEGLIGENCE
ACCESS
CA 2 March 2001. N started proceedings against J in July 1994 claiming that the security that it had obtained upon completion of the purchase of the plots by the borrowers (J) was defective as it did not include the road land preventing local authority adoption of the road. J bought claims for negligence against N contending that its security did not include the road land nor any enforceable right to construct and procure the adoption of the road. At the trial of a preliminary issue, the trial judge decided "inter alia", that the respondent had no right at common law to build the road to adoption standard, and held there were no rights under the transfer. Appeal allowed. Copy of full judgement available on http://porch.ccta.gov.uk/courtser/judgements.nsf/Search/AE6A77EF9C17127B80256A030059B638?OpenDocument.
EASEMENTS
NATIONWIDE BUILDING SOCIETY V JAMES BEAUCHAMP
ROAD ACCESS
RIGHTS OF WAY
SOLICITORS NEGLIGENCE
ACCESS