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London Regional Transport v Imperial Group Pension Trust Ltd

Language: English Series: Estates Gazette ; 284(6365) 19 December 1987, 1593-1594(2)Publication details: 1987Subject(s): Summary: ChD 2 July 1987. The defendants (I) owned the freehold of properties which backed onto a piece of land used by a department store as a carpark. By a deed of May 1939 the store granted to I`s predecessors in title certain rights of way . The plaintiff (L) acquired the car park for construction of a new railway line by way of a compulsory purchase order . This was built and when the surface land was no longer required was to be sold. The question arose as to whether or not the rights to access are exercisable over this land now owned by L. It was held that the land was free of all rights contained in the 1939 deed although it was still possible to claim compensation for their extinction.
Holdings
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Law report London Journal article ABS38563 (Browse shelf(Opens below)) 1 Available 11265-1001

ChD 2 July 1987. The defendants (I) owned the freehold of properties which backed onto a piece of land used by a department store as a carpark. By a deed of May 1939 the store granted to I`s predecessors in title certain rights of way . The plaintiff (L) acquired the car park for construction of a new railway line by way of a compulsory purchase order . This was built and when the surface land was no longer required was to be sold. The question arose as to whether or not the rights to access are exercisable over this land now owned by L. It was held that the land was free of all rights contained in the 1939 deed although it was still possible to claim compensation for their extinction.