The Court of Appeal has been asked to rule on whether developer Bryant Homes is entitled to create access to a 20 acre housing development in Evesham with unfettered visibility splays.
HE Brookes & Son Ltd, the owner of land adjoining the 200-house development at Broadway Road, Evesham, claims that the access constitutes a trespass and maintains that it has a right to erect a fence on its land interfering with the visibility splays.
But in March 1999 Deputy High Court Judge Rich QC rejected Brookes claim and ruled that Bryant owned sufficient land to accommodate the access. He found that Brookes was precluded by a covenant from erecting a fence on its own land that would interfere with visibility.
On appeal, Nigel Davis QC, counsel for Brookes, argued that the parties had agreed that the fence had been erected in accordance with a requirement to fence contained in a previous conveyance, and that the fence was treated as the eastern boundary of Brookes land.
The hearing continues.
Bryant Homes Mercia Ltd and another v HE Brookes & Son Ld and another Court of Appeal (Morritt, Waller & Tuckey LJJ) 4 April 2000
Nigel Davis QC and David Stockill (instructed by Edge & Ellison, of Birmingham) appeared for the appellant; John Dagnall (instructed by Eversheds, of Birmingham) appeared for the respondent.
PLS News 4/4/00
