Churston Golf Club v Haddock

Conveyancers and property lawyers will breathe a sigh of relief on seeking the Court of Appeal’s decision in Churston Golf Club v Haddock [2019] EWCA Civ 544, with judgment handed down today. The Court has overturned the decision of Birss J that a standard form of fencing covenant should be treated as an anomalous “fencing easement”, capable of binding successors in title. The decision whether it is ever possible to create a fencing easement by express grant remains open for debate in a later case. Joanne Wicks QC acted with Malcolm Warner of Guildhall Chambers for the successful appellant.

The full judgment can be downloaded here.