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London Tara Hotel Limited v Kensington Close Hotel Limited

Language: English Publication details: 2010Subject(s): Online resources: Summary: [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

[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