The High Court judgment in a fiercely-fought easements case has just appeared. Hambling v Wakerly [2023] EWHC 343 (Ch) is an (unsuccessful) appeal from a decision in Norwich County Court, by HHJ Walden-Smith, and concerns land in Suffolk. (And, to the great relief of those of us still struggling through the whopping proprietary estoppel judgments which have been gushing forth in recent months, it is a mere 12 pages. Appreciated!) The dispute, which had been brewing for some time, had various aspects, but the only thing which was to be decided in the appeal was whether the judge in the County Court had got wrong her construction of an express easement, to be found in a 2001 Land Registry Transfer … (more)
[Gwen Seabourne, Bracton’s Sister, 26 February 2023]
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