Hair and another v Gillman
Hair and another v Gillman
- 2000
- Estates Gazette [2000] 48 EG 117-121(5) .
CA 17 February 2000. B owned commercial property with land which he used to build a school. The appellent (G) purchased the school from B in 1979, before which G had occupied as a tenant. The respondents (H) bought the commercial property from B in 1985, which included a forecourt for parking cars. RI held leases on the commercial property and used the forecourt for parking cars. The leases did not include the forecourt, but H did not object to its use by RI and his clients. G claimed when she purchased the school, an implied grant of easement to park on the forecourt existed in accordance with the Law of Property Act 1925 s62, and alleged that RI was preventing her from parking. H's claim for a declaration that G had no right to park was granted. G appealed. "Held", appeal allowed. The informal permission to use the forecourt granted by B when G was a tenant, turned into an easement under the Law of Property Act 1925 s62 when G purchased the school building.
HAIR V GILLMAN AND INSKIP
IMPLIED GRANT
EASEMENT
LAW OF PROPERTY ACT 1925 S62
PARKING
FORECOURT
CA 17 February 2000. B owned commercial property with land which he used to build a school. The appellent (G) purchased the school from B in 1979, before which G had occupied as a tenant. The respondents (H) bought the commercial property from B in 1985, which included a forecourt for parking cars. RI held leases on the commercial property and used the forecourt for parking cars. The leases did not include the forecourt, but H did not object to its use by RI and his clients. G claimed when she purchased the school, an implied grant of easement to park on the forecourt existed in accordance with the Law of Property Act 1925 s62, and alleged that RI was preventing her from parking. H's claim for a declaration that G had no right to park was granted. G appealed. "Held", appeal allowed. The informal permission to use the forecourt granted by B when G was a tenant, turned into an easement under the Law of Property Act 1925 s62 when G purchased the school building.
HAIR V GILLMAN AND INSKIP
IMPLIED GRANT
EASEMENT
LAW OF PROPERTY ACT 1925 S62
PARKING
FORECOURT