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Roberts v Parker [2018] EWHC 1206 (Ch):

In Roberts v Parker [2018] EWHC 1206 (Ch), Robin Hollington QC, sitting as a Deputy Judge of the High Court, decided a number of issues concerning a right of way over a private road which the claimant intended to use to implement planning permission for the erection of a 5000 sq. ft. house in the rear garden of a house in Cobham. The Deputy Judge held that an easement granted in 1923 was impliedly released by a series of transactions in the 1950s, but that a subsequent grant was capable of benefitting the building plot notwithstanding the fact that it was expressed to be made in connection with the use of land which did not include the building plot.

The Court also decided that a restrictive covenant which prevented building on the development plot was not enforceable for want of registration because although the covenant itself was noted on the register of title, the Land Registry had erroneously noted that it did not affect land within the relevant title.

A copy of the judgment can be found here 

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