Wood & Anor v Waddington
2014
CHANCERY DIVISION
United Kingdom
CORAM
- MR JUSTICE MORGAN
Areas of Law
- Property and Real Estate Law
- Contract Law
2014
CHANCERY DIVISION
United Kingdom
CORAM
AI Generated Summary
The dispute between neighbors, Mr and Mrs Wood and Mr Waddington, centered on claimed rights of way over Mr. Waddington’s land. The court held that the Woods did not have these rights either under section 62 of the Law of Property Act 1925 or by implication under Wheeldon v Burrows. It also ruled that the Woods did not infringe Waddington's right of way. The decision was based on interpretations of historical conveyances and deeds, determining that the claimed rights were neither 'enjoyed with' the land conveyed nor necessary for the reasonable enjoyment of the property.
Judgment
Mr Justice Morgan:
Introduction
This is a dispute between neighbours. Most of the matters in dispute arise out of claims by the Claimants, Mr and Mrs Wood, that they have the benefit of rights of way over land owned by the Defendant, Mr Waddington. There is also a counterclaim by Mr Waddington in which he alleges that Mr and Mrs Wood have built upon a track running across their land, over which Mr Waddington has an admitted right of way, and thereby infringed his right of way. The resolution of that issue depends on the precise boundary between Mr and Mrs Wood’s land and Mr Waddington’s land.
Before 29 September 1998, all of the land now owned by the Claimants and by the Defendant (together with yet further land) was in common ownership, the common owner being a Mr Crook. On 29 September 1998, Mr Crook conveyed part of his land to Mr and Mrs Sharman. Mr Sharman has since been enobled as Baron Sharman of Redlynch. However, at the time of the division of Mr Crook’s land in 1998 he was Mr Sharman and it is more convenient to refer to him throughout this judgment as Mr Sharman. I intend no discourtesy to Lord Sharman in this regard. On 30 July 2009, Mr and Mrs Sharman conveyed most of the land they had acquired in 1998 to Mr and Mrs Wood. Also on 29 September 1998, Mr Crook conveyed another part of his land to Mr Waddington who has since retained that land.
One reason for the disagreement between the parties, and this litigation, is that there is said to be a potential conflict between the equestrian activities which Mr and Mrs Wood wish to carry on upon their land, and on two bridleways which cross Mr Waddington’s land, and the shooting business which Mr Waddington wishes to carry on upon his land.
Mr Hutchings QC and Mr Atkinson appeared on behalf of Mr and Mrs Wood and Mr Gaunt QC appeared on behalf of Mr Waddington.
A description of the land in 1998
Before considering the terms of the transfers to Mr and Mrs Sharman and to Mr Waddington, it is necessary to describe the land originally owned by Mr Crook and the bridleways which crossed it. I will then make some findings of fact as to the use made of that land and of the various accesses and tracks upon that land in the period before 29 September 1998, when the land was divided up.
At the beginning of the trial, Mr Hutchings invited me to have a view of the land. I indicated that I would have a view but only if that turned out to be desirable in the light of matters which emerged in the cou