Thamesmead Town Ltd v Allotey
Thamesmead Town Ltd v Allotey
- 1998
- Estates Gazette [1998] 37 EG 161-165(5) (12 September 1998) .
"Thamesmead Town Ltd v Allotey" CA 13 January 1998. Thamesmead, a large estate developed by LCC and its successor GLC, was ultimately transferred to the plaintiff company. In 1988 a property was bought by its tenants under the right to buy legislation. The transfer contained positive covenants requiring them to contribute to the upkeep of footpaths, road and communual areas. In 1992 the defendant acquired the property. In the previous ruling the judge disallowed part of the plaintiff`s claim on the grounds that he was bound by the ruling in "Rhone v Stephens(Executrix)". Relating contributions to the benefits the defendants have chosen to exercise. Expenses relating to communual areas were disallowed. Held, appeal dismissed.
BENEFITS
COMMUNUAL AREAS
FOOTPATHS
POSITIVE COVENANT
RIGHT TO BUY
PROPERTY-INFRASTRUCTURE-TRANSPORT INFRASTRUCTURE-ROAD INFRASTRUCTURE
THAMESMEAD TOWN LTD V ALLOTEY
"Thamesmead Town Ltd v Allotey" CA 13 January 1998. Thamesmead, a large estate developed by LCC and its successor GLC, was ultimately transferred to the plaintiff company. In 1988 a property was bought by its tenants under the right to buy legislation. The transfer contained positive covenants requiring them to contribute to the upkeep of footpaths, road and communual areas. In 1992 the defendant acquired the property. In the previous ruling the judge disallowed part of the plaintiff`s claim on the grounds that he was bound by the ruling in "Rhone v Stephens(Executrix)". Relating contributions to the benefits the defendants have chosen to exercise. Expenses relating to communual areas were disallowed. Held, appeal dismissed.
BENEFITS
COMMUNUAL AREAS
FOOTPATHS
POSITIVE COVENANT
RIGHT TO BUY
PROPERTY-INFRASTRUCTURE-TRANSPORT INFRASTRUCTURE-ROAD INFRASTRUCTURE
THAMESMEAD TOWN LTD V ALLOTEY