Christopher Magrath v Parkside Hotels Limited
Christopher Magrath v Parkside Hotels Limited
- 2011
[2011] EWHC 143 (Ch), 3 February 2011. Highlights that a right of way easement granted many years ago may have been invalidated by the rule against perpetuities. Claimant (M) owned a house which used the same fire escape route as a neighbouring hotel owned by defendant (P). M applied for a declaration that the 1947 fire escape easement was void and unenforceable because the right to renew, erect and use new staircases creating new access points after 1947 fell foul of the rule of perpetuities. "Held": HC agreed with M that the easement was nullified by the rule against perpetuities.
MAGRATH V PARKSIDE HOTELS LTD
LAW OF PROPERTY (MISCELLANEOUS PROVISIONS) ACT 1989 S2
RULE AGAINST PERPETUITIES
England and Wales--1543-
[2011] EWHC 143 (Ch), 3 February 2011. Highlights that a right of way easement granted many years ago may have been invalidated by the rule against perpetuities. Claimant (M) owned a house which used the same fire escape route as a neighbouring hotel owned by defendant (P). M applied for a declaration that the 1947 fire escape easement was void and unenforceable because the right to renew, erect and use new staircases creating new access points after 1947 fell foul of the rule of perpetuities. "Held": HC agreed with M that the easement was nullified by the rule against perpetuities.
MAGRATH V PARKSIDE HOTELS LTD
LAW OF PROPERTY (MISCELLANEOUS PROVISIONS) ACT 1989 S2
RULE AGAINST PERPETUITIES
England and Wales--1543-