Unneighbourly musings
Unneighbourly musings
- 2002
- Estates Gazette (0224) 15 June 2002, 144(1) .
Considers disputes caused by householders' rights of access across adjacent common land. Comments on the Court of Appeal decision, Das v Linden Mews Ltd which concerned rights of access to a parking space. The area of land in dispute was situated behind two houses and the ownership was unknown. It was decided that a right of access cannot be used for the benefit of adjacent land. The injunction also decided that the prevention of the use of accessing the parking areas which the judge had originally granted was awarded on the wrong basis and damages would have been more appropriate.
DAS V LINDEN MEWS LTD
RIGHTS OF ACCESS
ADJOINING LAND
INJUNCTION
PARKING
PEACOCK V CUSTINS
Considers disputes caused by householders' rights of access across adjacent common land. Comments on the Court of Appeal decision, Das v Linden Mews Ltd which concerned rights of access to a parking space. The area of land in dispute was situated behind two houses and the ownership was unknown. It was decided that a right of access cannot be used for the benefit of adjacent land. The injunction also decided that the prevention of the use of accessing the parking areas which the judge had originally granted was awarded on the wrong basis and damages would have been more appropriate.
DAS V LINDEN MEWS LTD
RIGHTS OF ACCESS
ADJOINING LAND
INJUNCTION
PARKING
PEACOCK V CUSTINS