Overcom Properties Ltd v Stockleigh Hall Residents Management Ltd
Language: English Series: Estates Gazette ; (1989) 14 EG 78-84(4)Publication details: 1989Subject(s): Summary: ChD 24 November 1988. A summons by which the lessors (O) and later their successors in title Samplemedium Ltd sought declarations as to their powers under leases of the flats in a block facing Regents Park . The defendants (S) were a company formed to manage the flats on behalf of residents. The declarations sought are that O are entitled to delineate on the forecourt ten parking spaces and erect lockable posts and are entitled to grant exclusive licenses subject to the right of S to use the forecourt as necessary to discharge its obligations to the flats. S objected on the grounds that under the leases the residents were already entitled to use of `the grounds and forecourt`, paying a service charge etc would be an infringement of their rights. It was held that O did have a right to mark out spaces on their own property without harming residents` right of way and could charge for licenses as they were entitled to make a profit from their own property.| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Law report | London Journal article | ABS40633 (Browse shelf(Opens below)) | 1 | Available | 25146-1001 |
ChD 24 November 1988. A summons by which the lessors (O) and later their successors in title Samplemedium Ltd sought declarations as to their powers under leases of the flats in a block facing Regents Park . The defendants (S) were a company formed to manage the flats on behalf of residents. The declarations sought are that O are entitled to delineate on the forecourt ten parking spaces and erect lockable posts and are entitled to grant exclusive licenses subject to the right of S to use the forecourt as necessary to discharge its obligations to the flats. S objected on the grounds that under the leases the residents were already entitled to use of `the grounds and forecourt`, paying a service charge etc would be an infringement of their rights. It was held that O did have a right to mark out spaces on their own property without harming residents` right of way and could charge for licenses as they were entitled to make a profit from their own property.