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28 May 2009 / James Naylor
Issue: 7371 / Categories: Features , Property
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Testing the water(man)

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James Naylor asks whether an Englishman's home is still his castle

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In Waterman & another v Boyle & another [2009] EWCA Civ 115, Mr Boyle and Ms Gwilt developed Hog Lane Farm into three separate properties. They retained 1 Hog Lane Farm, and sold 2 and 3 Hog Lane Farm (2 Hog Lane Farm ultimately being purchased by the Watermans). The three dwellings are connected buildings and they run from east to west. They are approached by a long entrance drive from the north (the entrance drive), and there is a traffic island in front of the properties.

The transfer of 2 Hog Lane Farm provided the following rights: (i) a shared right of access, with or without vehicles, at the north end of the property, via part of the entrance drive (entrance rights), (ii) the right to park private cars on two designated parking spaces (parking rights), and (iii) a shared right of access (garage access rights), with or without vehicles, across a private lane (the lane),

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