Midhage v 60 Coolhurst Road Ltd (Record no. 79241)

MARC details
000 -LEADER
fixed length control field 02127cad a22002175a 4500
001 - CONTROL NUMBER
control field L140274
008 - FIXED-LENGTH DATA ELEMENTS--GENERAL INFORMATION
fixed length control field 070914s2007 xxk f w 000 0 eng d
035 ## - SYSTEM CONTROL NUMBER
System control number (Sirsi) u140274
041 0# - LANGUAGE CODE
Language code of text/sound track or separate title eng
245 00 - TITLE STATEMENT
Title Midhage v 60 Coolhurst Road Ltd
Medium [electronic resource]
260 ## - PUBLICATION, DISTRIBUTION, ETC.
Date of publication, distribution, etc. 2007
520 ## - SUMMARY, ETC.
Summary, etc. [2007] EWLands LRA_111_2005, 9 May 2007. [2007] 36 EG 202. The appellant (M) owned the freehold of a building, and the lease to flat 1. This included the front garden, and the other flats had right of way for access. The respondent (C) was nominee purchaser in a notice of collective enfranchisement. M served a counternotice requiring leaseback of flat 1. She submitted terms including the right to construct a parking space within the front garden. Parking in the garden had been prohibited by restrictive covenant within the original lease. M submitted that this was reasonable in conjunction with terms requiring payment for any loss of value to the other two flats. She argued that such a term would not depart from the conditions of the covenant as it provided grounds for indemnification against breaches; and that car parking had become more common since the original lease. "Held": M's proposals amounted to compensation of the other leaseholders, and not indemnification under the Leasehold Reform, Housing and Urban Development Act 1993. The indemnity existed before the appropriate time and not as subsequently proposed to be amended. The construction of a car parking space would interfere with the rights of way of the other flats. The appeal was not heard to discharge a restrictive covenant. Appeal dismissed.
590 ## - LOCAL NOTE (RLIN)
Local note KA
650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element MIDHAGE V 60 COOLHURST ROAD LTD
650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element LEASEHOLD REFORM, HOUSING AND URBAN DEVELOPMENT ACT 1993
650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element LAW OF PROPERTY ACT 1925 S84
651 #4 - SUBJECT ADDED ENTRY--GEOGRAPHIC NAME
Geographic name England and Wales
Chronological subdivision 1543-
690 ## - LOCAL SUBJECT ADDED ENTRY--TOPICAL TERM (OCLC, RLIN)
Topical term or geographic name as entry element PROPERTY-RESIDENTIAL PROPERTY-RESIDENTIAL LANDLORD AND TENANT-RESIDENTIAL LEASES-RESIDENTIAL LEASEHOLD ENFRANCHISEMENT
856 40 - ELECTRONIC LOCATION AND ACCESS
Uniform Resource Identifier <a href="https://www.bailii.org/ew/cases/EWLands/2007/LRA_111_2005.html">https://www.bailii.org/ew/cases/EWLands/2007/LRA_111_2005.html</a>
Public note View the judgment free of charge at www.bailii.org...
942 ## - ADDED ENTRY ELEMENTS (KOHA)
Suppress in OPAC 0
Holdings
Withdrawn status Lost status Source of classification or shelving scheme Damaged status Not for loan Home library Current library Shelving location Date acquired Total Checkouts Full call number Barcode Date last seen Copy number Price effective from Koha item type
    Dewey Decimal Classification     Virtual Virtual Online 14/09/2007   ONLINE PUBLICATION 140274-1001 06/08/2019 1 06/08/2019 Law report