IDC Group Ltd and others v Clark
IDC Group Ltd and others v Clark
- 1992
- Estates Gazette (1992) 49 EG 103-105(3) .
CA 2 July 1992. D brought an action against C, sublessee of a flat in adjoining premises, relating to an agreement in a deed which provided for a fire escape route through a party wall in to an area now occupied by C`s flat. At some point the doorway had been blocked, but it was not known when or by whom. D tried to get an injunction to open the doorway and claim damages in lieu. C provided an alternative escape and D could only claim damages. C contended that the original agreement in the deed was not a personal one and had not been brought to her attention when she bought the flat. This was upheld. D appealed. It was "held" that the appeal should be dismissed. (See also ABS45895)
EASEMENT
FIRE ESCAPE
RIGHT OF WAY
CA 2 July 1992. D brought an action against C, sublessee of a flat in adjoining premises, relating to an agreement in a deed which provided for a fire escape route through a party wall in to an area now occupied by C`s flat. At some point the doorway had been blocked, but it was not known when or by whom. D tried to get an injunction to open the doorway and claim damages in lieu. C provided an alternative escape and D could only claim damages. C contended that the original agreement in the deed was not a personal one and had not been brought to her attention when she bought the flat. This was upheld. D appealed. It was "held" that the appeal should be dismissed. (See also ABS45895)
EASEMENT
FIRE ESCAPE
RIGHT OF WAY