Easements and the Right to Park
Landlords should be aware of a recent High Court decision that considered a right to park.
The court granted 8 tenants in a block of flats an injunction against their landlord, where their leases included a provision that:
- each tenant had a right to use a designated car parking space.
- reserved to the landlord a right to redevelop neighbouring property as it saw fit despite such redevelopment affecting or diminishing light or air enjoyed by the tenants.
The landlord wanted to develop a new building on land which included the car parking spaces that had been granted to the tenants.