London Tara Hotel Limited v Kensington Close Hotel Limited
London Tara Hotel Limited v Kensington Close Hotel Limited
- 2010
[2010] EWHC 2749 (Ch), 1 November 2010. Considers whether a hotel had the right to use a private service road owned by another hotel for its deliveries. A 1973 licence between the then owners of the site of the claimant London Tara Hotel (L) and the defendant Kensington Close Hotel (K) allowed K to use the road but this right did not benefit successor owners of K. In 2007 L informed K it had no right of access and sought a restraining injunction. K argued that it had established an easement based on 20 years' use of the road. "Held": HC found that K had a prescriptive right to use the road because it had used the road for 20 years without using force or stealth
LONDON TARA HOTEL LTD V KENSINGTON CLOSE HOTEL LTD
R V OXFORDSHIRE CC AND ANOTHER EX P SUNNINGWELL PARISH COUNCIL
R (BERESFORD) V SUNDERLAND CITY COUNCIL
R (LEWIS) V REDCAR AND CLEVELAND BC
PRESCRIPTION ACT 1832 S2
England and Wales--1543-
[2010] EWHC 2749 (Ch), 1 November 2010. Considers whether a hotel had the right to use a private service road owned by another hotel for its deliveries. A 1973 licence between the then owners of the site of the claimant London Tara Hotel (L) and the defendant Kensington Close Hotel (K) allowed K to use the road but this right did not benefit successor owners of K. In 2007 L informed K it had no right of access and sought a restraining injunction. K argued that it had established an easement based on 20 years' use of the road. "Held": HC found that K had a prescriptive right to use the road because it had used the road for 20 years without using force or stealth
LONDON TARA HOTEL LTD V KENSINGTON CLOSE HOTEL LTD
R V OXFORDSHIRE CC AND ANOTHER EX P SUNNINGWELL PARISH COUNCIL
R (BERESFORD) V SUNDERLAND CITY COUNCIL
R (LEWIS) V REDCAR AND CLEVELAND BC
PRESCRIPTION ACT 1832 S2
England and Wales--1543-