The hardest words case news
Ross, Jonathan
The hardest words case news - 2008 - Property Week 73(6) 8 February 2008, 74(1) .
The case of Risegold v Escala [2008] EWHC 21(Ch) shows that the meaning of commonly used words can often be unclear on closer scrutiny. A landlord (Risegold) sought to establish that a right to enter adjoining land to develop its property allows it to change the property into something different to what was there before. The neighbour, Escala, refused access claiming the developer's access rights were limited to renewal and rebuilding, not redevelopment. The court had to decide the meaning of wordings in the transfer document obtained by the developer when it purchased the property. The judge noted there was no restriction on any development; the issue was whether it can use the neighbour's land to do so. The court found for Escala and the development cannot go ahead. (See L143237).
RISEGOLD LTD V ESCALA LTD
England and Wales--1543-
The hardest words case news - 2008 - Property Week 73(6) 8 February 2008, 74(1) .
The case of Risegold v Escala [2008] EWHC 21(Ch) shows that the meaning of commonly used words can often be unclear on closer scrutiny. A landlord (Risegold) sought to establish that a right to enter adjoining land to develop its property allows it to change the property into something different to what was there before. The neighbour, Escala, refused access claiming the developer's access rights were limited to renewal and rebuilding, not redevelopment. The court had to decide the meaning of wordings in the transfer document obtained by the developer when it purchased the property. The judge noted there was no restriction on any development; the issue was whether it can use the neighbour's land to do so. The court found for Escala and the development cannot go ahead. (See L143237).
RISEGOLD LTD V ESCALA LTD
England and Wales--1543-