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.
Sign in or Register to continue reading this article
It's quick, easy and free!
It takes just 5 minutes to register. Answer a few simple questions and once completed you’ll have instant access.Register now
Why register to The Lawyer
In-depth, expert analysis into the stories behind the headlines from our leading team of journalists.
Identify the major players and business opportunities within a particular region through our series of free, special reports.
Receive your pick of The Lawyer's daily and weekly email newsletters, tailored by practice area, region and job function.
More relevant to you
To continue providing the best analysis, insight and news across the legal market we are collecting some information about who you are, what you do and where you work to improve The Lawyer and make it more relevant to you.
News from Shoosmiths
News from The Lawyer
Briefings from Shoosmiths
This first of two articles will deal with rights of way belonging to others.
Obligations on businesses to ensure supply chains are slavery-free, including investigating suppliers and intermediaries.
Analysis from The Lawyer
Compliance and corporate governance codes for large financial institutions will undoubtedly include provisions to regulate high pay in the future
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…