Green belt — Car parking — Special circumstances — Judge overturning decision by appellant Secretary of State to refuse respondent’s planning application for off-site airport car parking on green belt…
Use for land other than dominant tenement. The rule that a right of way or other easement over Blackacre has to “accommodate” an identifiable dominant tenement (Whiteacre) comes under particular…
A new wheel-clamping regime. Expected to be brought into force towards the beginning of 2003, various provisions in the Private Security Act 2001 will outlaw wheel clamping that has not…
Lease of claimant’s flat granting parking rights over areas adjoining block – Limited number of lessees so entitled – Landlord having right to specify parking places – Claimant and other…
Defendants parking and storing vehicles on claimant’s land – Whether defendants’ right to park cars capable of subsisting as easement – Whether such use leaving claimant without reasonable use of…
Flats — Long lease offered — Landlord planning to build secure parking bays and charge for use — Tenants objecting to plan and claiming right to park freely — Application…
Prescription – Lost modern grant – Rights of parking and storage of vehicles – Whether capable of subsisting as easements – Whether prescriptive claim may be based on periods of…
Q About 25 years ago, the owner of a neighbouring riding school pulled down an old barn that backed onto our goods yard, leaving a space that we have used…
An alleged interference with a right of way, or other easement, is not actionable unless it can be fairly described as “substantial”.
“But the implications usually explained by the maxim that no one can derogate from his own grant do not stop short with easements.
At a theoretical level, no distinction should be drawn between residential and commercial premises when it comes to deciding whether a paying occupier enjoys a lease or a mere licence.
Q Our client is one of a number of house owners who have the right to use a private road “in common with all other persons so entitled”.