bg

Ewan Paton successful on appeal in Baker v Craggs [2018] EWCA Civ. 1126

16/05/2018

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.

Click here to read full article

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

Related Practice Areas

Property, Trusts & Estates
Agriculture

Sign up

To be kept up-to-date with our latest news and future events, please complete the short form.

Register

Follow

For help or advice please call 0117 930 9000 or complete the form below.

A member of the clerking team will help you resolve your request.

Name(Required)
This field is for validation purposes and should be left unchanged.

Frequently asked questions

Menu

Close

Portfolio Builder

Select the expertise that you would like to download or add to the portfolio

Download    Add to portfolio   
Portfolio
Title Type CV Email

Remove All

Download


Click here to share this shortlist.
(It will expire after 30 days.)