Roberts v Parker and another

Easement – Right of way. The right of way granted by a 1923 conveyance had been extinguished by operation of law by the 1950 conveyance, if necessary in conjunction with the 1951 conveyance, such that there was an enforceable covenant restricting the use of land the claimant wished to build on. However, the Chancery Division further held that, although the claimant was bound by the restrictive covenant not to build on the land, the relevant entry to the title plan was not an entry within the meaning of ss 29 and 32 of the Land Registration Act 2002, such that the claimant was not bound by it.

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