Queensway Associates Ltd is suing BMB Partners “G” Ltd, Elm Properties Ltd, and Barclays Bank plc for a declaration as to the extent of the demise of its leasehold basement garage.
The dispute centres around the construction of a flat in the void over the access ramp to the basement garage in Porchester Gate, London W2. Queensway claims that, when it acquired the garage lease in October 1999, it did not know that BMB had planning consent to build the flat.
The claimant alleges that the void formed part of the property demised to it in its lease. Although the flat is situated 2.3m above the level of the basement floor, which allows sufficient clearance for vehicles, Queensway maintains that the value of its lease has been reduced because part of the demised land has been removed and it has been deprived of the sum that it could reasonably have demanded for the surrender or transfer of the void.
The claimant is seeking a declaration that the void and a staircase were contained in the lease, an injunction compelling removal of the flat, and damages for trespass, breach of the lease and derogation from the grant.
It is also seeking rectification and alteration of the register of title of BMB’s leasehold premises and the bank’s registered charges, and an injunction restraining them from trespassing.
References: EGi Legal News 10/3/04
