Bradley & Anor v Heslin & Anor
2014
CHANCERY DIVISION
United Kingdom
CORAM
- MR JUSTICE NORRIS
Areas of Law
- Property and Real Estate Law
- Contract Law
- Equity and Trusts
- Civil Procedure
- Alternative Dispute Resolution
2014
CHANCERY DIVISION
United Kingdom
CORAM
AI Generated Summary
This case concerns a neighbor dispute over the right to close gates on a shared driveway between the Bradleys and the Heslins in Formby. The Bradleys claimed ownership and the right to close the gates based on proprietary estoppel and adverse possession. The court ruled in favor of the Bradleys owning both pillars and permitted them the right to close the gates under certain conditions, establishing important principles regarding easements, proprietary estoppel, and adverse possession.
JUDGMENT
Mr Justice Norris :
Rather to my surprise I find myself trying a case about a pair of gates in Formby: surprise on at least two counts. First, that anyone should pursue a neighbour dispute to trial, where even the victor is not a winner (given the blight which a contested case casts over the future of neighbourly relations and upon the price achievable in any future sale of the property). Second, that the case should have been pursued in the High Court over 3 days. It is not that such cases are somehow beneath the consideration of the Court. They often raise points of novelty and difficulty and are undoubtedly important to the parties and ultimately legal rights (if insisted upon) must be determined. But at what financial and community cost?
In 1977 Mr Ewing owned the entirety of the plot now comprised in Title Number MS67573 and MS54181. The entire plot fronted onto Freshfield Road, Formby to the west and was bounded by a wide public footpath called Long Lane to the north. There was an Edwardian villa on the plot designated “No. 40”, with a large garden to the rear incorporating a former paddock. Mr Ewing built a bungalow on the paddock land. The bungalow was designated “No. 40A”.
Mr Ewing moved into No.40A and in October 1977 sold off No.40 (the original villa) to Mr and Mrs Thompson. No.40 was given the title number MS67573. Mr and Mrs Thompson sold No.40 to Mr and Mrs Field in 1984: and they in turn sold No.40 on the 15 September 1986 to Mr and Mrs Bradley, who are the current registered proprietors and the Claimants in the proceedings. (Each of the Claimants is entitled to be called “Dr Bradley”: but I will refer to them as “Mr Bradley” and Mrs Bradley” respectively so as to distinguish between them, but without thereby intending any disrespect).
No.40A retained the original title number, MS54181. Mr Ewing sold No.40A to Mr Armstrong in the Autumn of 1986 (so that both No.40 and No.40A changed hands at the same time). Mr Armstrong lived at No.40A until his death in 2005. Mr Armstrong’s executors sold No.40A on the 21 December 2006 to Mr and Mrs Heslin, who became its registered proprietors and are the Defendants in the action.
The separation of No.40 and No.40A had occurred on the 20 October 1977 when Mr Ewing sold No.40 to the Thompsons and retained No.40A for himself. When separating out No.40 the conveyancer used the hallowed but mutually stultifying formula:-
“All that messuage or dwelling house and garage known as 40 Freshfield Ro