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Hair and another v Gillman

Series: Estates Gazette ; [2000] 48 EG 117-121(5)Publication details: 2000Subject(s): Summary: CA 17 February 2000. B owned commercial property with land which he used to build a school. The appellent (G) purchased the school from B in 1979, before which G had occupied as a tenant. The respondents (H) bought the commercial property from B in 1985, which included a forecourt for parking cars. RI held leases on the commercial property and used the forecourt for parking cars. The leases did not include the forecourt, but H did not object to its use by RI and his clients. G claimed when she purchased the school, an implied grant of easement to park on the forecourt existed in accordance with the Law of Property Act 1925 s62, and alleged that RI was preventing her from parking. H's claim for a declaration that G had no right to park was granted. G appealed. "Held", appeal allowed. The informal permission to use the forecourt granted by B when G was a tenant, turned into an easement under the Law of Property Act 1925 s62 when G purchased the school building.
Holdings
Item type Current library Call number Copy number Status Barcode
Law report London Journal article ABS63089 (Browse shelf(Opens below)) 1 Available 109726-1001

CA 17 February 2000. B owned commercial property with land which he used to build a school. The appellent (G) purchased the school from B in 1979, before which G had occupied as a tenant. The respondents (H) bought the commercial property from B in 1985, which included a forecourt for parking cars. RI held leases on the commercial property and used the forecourt for parking cars. The leases did not include the forecourt, but H did not object to its use by RI and his clients. G claimed when she purchased the school, an implied grant of easement to park on the forecourt existed in accordance with the Law of Property Act 1925 s62, and alleged that RI was preventing her from parking. H's claim for a declaration that G had no right to park was granted. G appealed. "Held", appeal allowed. The informal permission to use the forecourt granted by B when G was a tenant, turned into an easement under the Law of Property Act 1925 s62 when G purchased the school building.