Jurisdiction(s):
United Kingdom

Estoppel fails: toilet block easement upheld; demolition wrongful; damages in lieu of reinstatement; pleading and evidence pitfalls—Watt v Dignan (Court of Appeal, England and Wales)

Published on: 06 October 2017

Published by a LexisNexis Property expert

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Article summary

Original news Watt v Dignan and others [2017] EWCA Civ 1390

The central question was whether the Dignans held enforceable easements to use the toilet facilities within unit 27 on an industrial estate. Unit 27 belonged to Mr Watt. It was accepted that these rights had been granted to the Dignans’ predecessors in title, as owners of units 26A and 29, by two conveyances dated 27 September 1985 and 16 April 1987. The further issue was whether they were now prevented by estoppel from asserting those rights. The Recorder at first instance found that they were not, and Mr Watt appealed to the Court of Appeal.

What are the practical implications of this case?

Although the decision is fact specific, it offers helpful reminders for Property Disputes practitioners about the lines of argument advanced, the fall-out where a case different from that pleaded is pursued, and the consequences where, in any event, the evidence is too thin to sustain that position.

What were the facts of the case?

The purchaser under the two conveyances conferring the rights was Mr Pearson. On 28 February 1989, Mr Pearson conveyed unit 26A to Mr and Mrs Tomlin, and on 7 April 1989 he conveyed unit 29...

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