Duchess of Bedford House RTM Company Ltd v Campden Hill Gate Ltd

Subject Matter

EASEMENT — Right to park — Grant — Claimant leaseholders of flats in mansion block facing private road — Claimants parking on private road — Whether having easement of parking — Whether head lease of block including such easement as part of rights previously reserved by freeholder of wider estate — Whether easement excluded from head lease as right that might restrict or prejudicially affect any future rebuilding or alteration

[2022] EWHC 2489 (Ch); [2023] RTR 16, Ch D

EASEMENT — Right to park — Grant — Leaseholders of flats in mansion block seeking declaration as to existing parking rights on adjoining private road — Whether easement of parking rights excluded from head lease as right that might restrict or prejudicially affect any future development — Law of Property Act 1925 (c 20), s 62(2)

[2023] EWCA Civ 1470; [2023] WLR(D) 516, CA