ETG Developments v Noah [2008] EWCA Civ 1499

Right of Way

Gary Lidington acted for the Respondent in the Court of Appeal in an appeal brought by a property owner in an estate against the freehold owner of the access road and common parts of the estate. The Appellant claimed that he had a vehicular right-of-way over land leading to his property on the estate. The Respondent contended that the right-of-way was limited to pedestrian use. Gary had not acted in the County Court trial below and was brought in to the case to deal with the Appeal. The appeal centred on the construction of a transfer deed and, in particular, the question of whether planning documents that were publicly available but which the Appellant had not in fact seen or been aware of could be considered in construing the meaning of the transfer deed and the plan attached to it. The Court of Appeal rejected the appeal accepting Gary's arguments that the planning documents could be admitted and that the right-of-way was limited to pedestrian use.