20/02/20

Kitsons Win Court Of Appeal Rule On Fencing Easement Case

Kitsons property litigation team led by Partner James Cross have been successful in acting for a Golf Club in a case which attracted national interest for property lawyers. Churston Golf Club Ltd v Haddock

The tenant of a local Devon farm brought proceedings against the tenant of an adjacent golf club, alleging that his farming operations had adversely affected their failure to maintain an effective fence or hedge along the boundary.

James Cross, partner with Kitsons Solicitors said: “Churston Golf Club is a great golf club enjoyed by its members and never wanted to end up being quoted in law reports. A sizeable claim for damages and arguments over construction of a conveyance led to unwanted legal action and legal notoriety. I am delighted that having beaten off the unsubstantiated damages claim the Court of Appeal have restored sense to what was a standard fencing covenant and not binding on the Club as a successor in title. The normal business of the Club can now be resumed. The committee and members have been a great client throughout this protracted case and I wish the club all the best for the future”

Chairman of Churston Golf Club, Dave Duddridge added: “At long last after many years and much hard work by Directors past and present along with James Cross and the legal team at Kitsons, Churston Golf Club have won the day. This is indeed wonderful news for all Churston Golf members, thank you Kitsons for your hard work and dedication”.

This case highlights the importance of drafting clauses correctly to give effect of true intentions of both parties. When it comes to the preparation of any written legal document, motion, letter, brief, memo, or contract, our litigation team will be clear, and be straight. If in doubt contact our expert Property Disputes team and we will be happy to make sure your interests are adequately protected.

If you own farm land, you need to consider your responsibilities when it comes to fencing the land. If you own a freehold or a leasehold property or are considering purchasing residential or commercial property, contact Kitsons for qualified expert advice.

You can read the full judgment here  Churston Golf Club Ltd v Haddock [2019] EWCA Civ 544 (3 April 2019) (Patten LJ, Baker LJ and Nugee J).

20/02/20

About the author

Kitsons Solicitors - James Cross

James CrossPartner and Chairman

James is a Partner, Chairman of Kitsons and Head of our Litigation team

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