Easements — Leases of flats — Grants of rights to use roadways — Roadways leased to company imposing car-parking charges — Whether tenants entitled to park without extra charges
The two plaintiffs, on behalf of themselves and members of the New Eton Residents’ Association, hold leases of flats at Eton Hall, Eton College Road, London NW3. The first plaintiff had been in his flat since 1961 and held a lease granted in 1983; the second plaintiff had taken an assignment of an underlease from Peachey Property Corporation. Around the blocks of flats are various roadways and courts. The leases grant to the lessees various easements including “full rights for the lessee and persons authorised … to … use … the … forecourts and roadways in the curtilage …”. The plaintiffs park their vehicles in the roadways and courts. Between 1983 and 1987 the freehold and superior lease to the estate were conveyed to the second defendants, who had granted a lease of the roadways and courts to the first defendant. The first defendant was seeking to introduce a car-parking system and to impose parking charges. The plaintiffs sought declarations that they were entitled to park without any charge.
Held The concession made by the defendants’ counsel, that the rights granted to the two plaintiffs gave them easements entitling them to park without any extra charges, was accepted by the court. To the extent that any tenants of flats in these blocks of flats hold leases which contained the same rights and were granted before the date of the lease of the roadways and courts to the first defendant, and granted by lessors having title at the time to the roadways and courts, then those tenants are similarly entitled to park without any extra charges.
Kirk Reynolds (instructed by Durrant Piesse) appeared for the plaintiffs; and Mark Piercy (instructed by Franks Charlesly & Co & Higby Hargreaves) appeared for the defendants.
