References:  EWCA Civ 44
Coram: Rix, Arden, Patten LJJ
The court considered the effect of historic conveyances creating a scheme for the maintenance of roads etc within an estate.
This case cites:
- Cited – Elliston v Reacher ChD ( 2 Ch 665, [1908-1910] All E Rep 612)
The court was asked whether a building scheme had been established.
Held: It had. The court set out the factors which must be shown to establish a building scheme on an estate; Both plaintiff and defendant’s titles must derive from the same . .
- Cited – Halsall v Brizell ChD ( Ch 169,  1 All ER 371,  2 WLR 123)
The Court was asked whether the covenant to pay an appropriate proportion of the costs of keeping in good repair the roadways, sea wall, drains and sewers in respect of a common development was enforceable.
Held: The defendants could not be . .