London and Blenheim Estates Ltd v Ladbroke Retail Parks Ltd

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London and Blenheim Estates Ltd v Ladbroke Retail Parks Ltd
Court Court of Appeal
Citation(s) [1993] 4 All ER 157, [1994] 1 WLR 31
Keywords
Easements, car parking

London and Blenheim Estates Ltd v Ladbroke Retail Parks Ltd [1993] 4 All ER 157 is an English land law case, concerning easements. It defines the extent to which parking a car on land could amount to an easement.

Facts[edit]

Leicestershire Coop sold part of its land to London & Blenheim, with the right to park cars on the land retained by the Coop. The agreement included a provision that if L&B were to acquire more land, it should tell the Coop in advance in order to get similar parking rights. Then, the Coop sold its land to Ladbroke. L&B wished to serve notice for more parking rights for new land it had acquired.

Judgment[edit]

High Court[edit]

Judge Paul Baker QC held the following.[1]

Court of Appeal[edit]

Peter Gibson LJ held that L&B could not claim a car parking right for additional land, because the alleged dominant tenement was not adequately identified. The reason why there must be a dominant tenement before there can be a grant is because certainty is of prime importance, as said in Ashburn Anstalt v Arnold.[2]

See also[edit]

Notes[edit]

  1. ^ [1993] 1 All ER 307, 317
  2. ^ [1993] 4 All ER 157, 163h

References[edit]

External links[edit]