Court Court of Appeal | ||
Citation(s) [1993] 4 All ER 157, [1994] 1 WLR 31 | ||
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.
Contents
Facts
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.
High Court
Judge Paul Baker QC held the following.
Court of Appeal
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.