Decided 1 May 2002 | ||
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Full case name Peter Pharbu Dad and Others v Linden Mews Limited Citation(s) [2002] EWCA Civ 590, [2003] 2 P&CR 4 Court Court of Appeal of England and Wales Judge sittings Mathew Thorpe, Richard Buxton, Alan Moses Similar Moncrieff v Jamieson, Re Ellenborough Park, Crabb v Arun DC | ||
Das v Linden Mews Ltd [2002] EWCA Civ 590 is an English land law case, concerning easements.
Contents
Facts
The company, Linden Mews Ltd, was formed by two residents of the mews to buy a carriageway where the residents of numbers four and five were accustomed to parking their cars. They claimed an easement, and the company claimed trespass and charges for the parking. The company said anything more than disembarking and unloading in front of their properties would contravene Harris v Flower that a dominant owner could only use a right of way granted for the enjoyment of the dominant tenement for the purposes of the dominant tenement and not for other land.
Judgment
Buxton LJ held there was no easement for parking, but the judge had been wrong to award an injunction, and should have considered whether damages in lieu would have been more appropriate, and how much. The case was remitted back to the trial judge for a fresh exercise of his discretion as to whether an injunction should be granted following the guidelines set down by the Court of Appeal.