Saeed v Plustrade Ltd
Saeed v Plustrade Ltd
- 2002
- Estates Gazette [2002] 25 EG 154-160(7) .
CA, 20 December 2001. Claimant tenant (S) held a long lease in a flat owned by the defendant landlord (P). A predecessor of P, Cabtell, had granted the lease with a specified parking right. When S acquired her flat, there was a designated parking area for 13 cars in the forecourt. For a period of three years P carried out refurbishment work to the block of flats, preventing parking in the forecourt and ultimately reducing the number parking spaces from 13 to four. P told S that she had no right to park and that it was not in breach of the lease terms. It was found that S had an easement to park, P's scheme of four parking spaces interfered with that right to park, as did the refurbishment work. On this basis S was awarded £6 300 damages. P appealed. "Held": appeal dismissed; the tenant's rights were binding on the landlord as an overriding interest under the Land Registration Act 1925 s70(1)(g).
SAEED V PLUSTRADE
LAND REGISTRATION ACT 1925
PARKING RIGHTS
DAMAGES
INTERFERENCE
CAR PARKING
CA, 20 December 2001. Claimant tenant (S) held a long lease in a flat owned by the defendant landlord (P). A predecessor of P, Cabtell, had granted the lease with a specified parking right. When S acquired her flat, there was a designated parking area for 13 cars in the forecourt. For a period of three years P carried out refurbishment work to the block of flats, preventing parking in the forecourt and ultimately reducing the number parking spaces from 13 to four. P told S that she had no right to park and that it was not in breach of the lease terms. It was found that S had an easement to park, P's scheme of four parking spaces interfered with that right to park, as did the refurbishment work. On this basis S was awarded £6 300 damages. P appealed. "Held": appeal dismissed; the tenant's rights were binding on the landlord as an overriding interest under the Land Registration Act 1925 s70(1)(g).
SAEED V PLUSTRADE
LAND REGISTRATION ACT 1925
PARKING RIGHTS
DAMAGES
INTERFERENCE
CAR PARKING