IDC Group Ltd and others v Clark and others
IDC Group Ltd and others v Clark and others
- 1992
- Estates Gazette (1992) 08 EG 108-111(4) .
ChD 25 June 1991. The plaintiffs D were leaseholders and freeholders of the property in question, who brought an action against C, sublessee of a flat in adjoining premises. The action relates to an agreement in a deed which provided for a fire escape route from the fourth floor of the premises through the party wall into the area of the fifth floor now occupied by C`s flat. The deed had been made between predecessors in title. At some stage the doorway was blocked, it is not known when or by whom, and the route for the fire escape was blocked. D brought proceedings against C to seek mandatory injunctions to open the doorway and damages in lieu. However at great expense C provided an alternative fire escape route so D only claimed damages. C claimed that the 1969 agreement was not binding as it was a personal one which they had not been party to and had not been informed of at purchase. This was upheld.
22 ST JAMESS SQUARE
EASEMENTS
FIRE ESCAPE
RIGHT OF WAY
ChD 25 June 1991. The plaintiffs D were leaseholders and freeholders of the property in question, who brought an action against C, sublessee of a flat in adjoining premises. The action relates to an agreement in a deed which provided for a fire escape route from the fourth floor of the premises through the party wall into the area of the fifth floor now occupied by C`s flat. The deed had been made between predecessors in title. At some stage the doorway was blocked, it is not known when or by whom, and the route for the fire escape was blocked. D brought proceedings against C to seek mandatory injunctions to open the doorway and damages in lieu. However at great expense C provided an alternative fire escape route so D only claimed damages. C claimed that the 1969 agreement was not binding as it was a personal one which they had not been party to and had not been informed of at purchase. This was upheld.
22 ST JAMESS SQUARE
EASEMENTS
FIRE ESCAPE
RIGHT OF WAY