Sale of part — sharing the burden of positive covenants

By Richard Willcox

The Court of Appeal has held that a purchaser who obtains part of a property that has the benefit of a right of way must assume the burden of contribution to that right of way, appropriate to the part of the property that he has acquired.

Dobson Park Properties Ltd (DPPL) owned an estate, which consisted of a number of industrial units bordering a private road, known as Roadway 4, and a number of other private roads.

In September 1986, DPPL sold all of the private roads and some additional land to Mr Elwood, but reserved a right for DPPL and its successors to use them. Mr Elwood agreed to maintain all of the roads and in return DPPL agreed that it and its successors would pay the maintenance costs incurred by Mr Elwood in relation to Roadway 4…

Click on the link below to read the rest of the Shoosmiths briefing.

Briefings from Shoosmiths

View more briefings from Shoosmiths

Analysis from The Lawyer

  • Hester: declined bonus worth almost £1m

    Pay checks

    Compliance and corporate governance codes for large financial institutions will undoubtedly include provisions to regulate high pay in the future

  • high street 150

    Focus: Alternative business structures - Law and new order

    There’s more to the ABS model than attracting the man in the street and procuring external investment. Partners at the big corporate firms, take note…


2 Colmore Square
38 Colmore Circus Queensway
B4 6BJ