Ewan Paton successful on appeal in Baker v Craggs [2018] EWCA Civ. 1126 on Law of Property Act overreaching

Ewan Paton successful on appeal in Baker v Craggs [2018] EWCA Civ. 1126 on Law of Property Act overreaching

16 May, 2018

Ewan Paton has successfully represented the appellant, Mr. Craggs, in an appeal to the Court of Appeal from the decision of Mr. Justice Newey [2016] EWHC 3250 (Ch.), at which hearing he also appeared.

The case concerned a right of way over a farm yard to a barn conversion in Radstock, following successive sales of the two properties by common vendors. The point on appeal concerned the correct interpretation of section 1 of the Law of Property Act 1925, which the Court of Appeal (Henderson LJ) described as “the first building block of the entire 1925 property legislation”. The specific issue was whether the grant of an easement, such as a right of way, was a “conveyance to a purchaser of a legal estate in land” within the meaning of the following section 2, so that it could “overreach” and thus bind Mr. Craggs’ property. The Court of Appeal, accepting Ewan’s arguments, held that it could not.

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Ewan was instructed by Stephen Mackie of John Hodge Solicitors, Weston-super-Mare.


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