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Posted on 29 September 2012 by Conybeare Solicitors

Easements and the Right to Park

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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.