Easements; right of way over private road.
That order contemplated that the principal issue to be determined was whether the Claimant had a right of way from a private road belonging to the Defendants to the whole of his back garden or only to part of it excluding the part the Claimant 2 wants to build a new house on.
A further major issue between the parties falls, however, to be determined at this trial, namely whether the Claimant is bound by arestrictive covenant not to build on the land in question: it is the Claimant’s case that the covenant is unenforceable for want of registration.
There are other issues of lesser importance to be determined, including whether the Claimant is liable to the Defendant in damages for having cut down a yew tree, which turns on the position of the tree in relation to the boundary between the two properties.
