B & Q plc v Liverpool & Lancashire Properties Ltd
B & Q plc v Liverpool & Lancashire Properties Ltd
- 2001
- Estates Gazette [2000] 15 EG 138-149(12) .
CD 26 July 2000. Claimant (B) held a 25 year lease on a large warehouse (unit 1) in a retail park. Defendant (L) intended to construct an extension to unit 2A on an area that formed part of the common parts to the park and was the only means of access to unit 1. Extension would reduce the area by 26% and reduce the turning circle it provided. Held B was entitled to an injunction. The proposed extension and reduction in service access would create practical difficulties which would occur with enough frequency to justify B's complaint that its right to pass over and turn in the service access would be altered
B&Q PLC V LIVERPOOL & LANCASHIRE PROPERTIES LTD
RIGHTS OF WAY
EASEMENT
RETAIL PARK
CD 26 July 2000. Claimant (B) held a 25 year lease on a large warehouse (unit 1) in a retail park. Defendant (L) intended to construct an extension to unit 2A on an area that formed part of the common parts to the park and was the only means of access to unit 1. Extension would reduce the area by 26% and reduce the turning circle it provided. Held B was entitled to an injunction. The proposed extension and reduction in service access would create practical difficulties which would occur with enough frequency to justify B's complaint that its right to pass over and turn in the service access would be altered
B&Q PLC V LIVERPOOL & LANCASHIRE PROPERTIES LTD
RIGHTS OF WAY
EASEMENT
RETAIL PARK