Trespass — Damage — Whether defendants acquired title — Whether representations relied on — Whether plaintiffs estopped — Claim allowed — Damages awarded in lieu of injunction — Deed of grant
The plaintiffs claimed ownership of a strip of land laid out as an estate road at Salamon’s Way, Rainham, Essex, and sought an injunction to restrain the defendants from trespassing over it. The defendants contended that prior to 1985 Salamon’s Way was owned by Groatlan Developments Ltd and that in early 1985 the liquidator of Groatlan represented to the defendants that if Groatlan could establish title to the Way, it would grant a right of way for a nominal consideration. In reliance on that representation, the defendants purchased an area of land that could be accessed only along Salamon’s Way. The defendants contended that Groatlan, and its successors in title, were estopped from restricting or interfering with the defendants’ use of the Way.
Held The plaintiffs’ claim was allowed.
The plaintiffs had established a title to the disputed land and the defendants had no grant of way to use it. The defendants failed to establish either estoppel by representation or equitable estoppel; there was no unequivocal promise by the liquidator to grant the right. However, an injunction to restrain the trespass was refused and damages of £45,000 awarded to the plaintiffs on an undertaking to enter into a deed of grant of a right of way.
Patrick Talbot (instructed by Wortley Byers & Co, of Brentwood) appeared for the plaintiffs; and Anthony Trace (instructed by Herbert Smith) appeared for the defendants.
