CAMPDEN HILL GATE LIMITED v DUCHESS OF BEDFORD HOUSE RTM COMPANY LIMITED & Ors

CAMPDEN HILL GATE LIMITED v DUCHESS OF BEDFORD HOUSE RTM COMPANY LIMITED & Ors

The right to park, although a legal easement reserved in 1969, was excluded from the demise under the 1974 Headlease by the carve-out clause because it might restrict or prejudicially affect future rebuilding, alteration, or development of the estate. Thus, the benefit of the right to park was not passed to the headlessee or the current flat owners.

Parties
Appellant: Campden Hill Gate Limited; Respondents: Duchess of Bedford House RTM Company Limited & Ors
Jurisdiction
England and Wales
Judgment Date
10 October 2022
Procedural Posture
Civil Appeal / Appeal Judgment
Outcome
Appeal allowed
Legal Topics
Easements, Car Parking Rights, Lease Interpretation, Headlease and Underlease Rights
Property Law Landlord and Tenant Law Easements Car Parking Rights Lease Interpretation Headlease and Underlease Rights

Case Brief

Summary, issues, holding and outcome

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Parties

Campden Hill Gate Limited

Appellant

Duchess of Bedford House RTM Company Limited & Ors

Respondents

Procedural Posture

Civil Appeal / Appeal Judgment

Legal Issues

  1. 1 Whether a right to park existed as a legal easement appurtenant to Duchess of Bedford House in 1969 and was properly reserved under the 1969 Headlease.
  2. 2 Whether the right to park was passed to the headlessee under the 1974 Headlease or excluded by the carve-out clause.
  3. 3 Whether the right to park was too vague or diffuse to constitute a legal easement.

Ratio Decidendi

The right to park, although a legal easement reserved in 1969, was excluded from the demise under the 1974 Headlease by the carve-out clause because it might restrict or prejudicially affect future rebuilding, alteration, or development of the estate. Thus, the benefit of the right to park was not passed to the headlessee or the current flat owners.

Court Disposition

Appeal allowed

Orders

  • Declaration in favour of the Claimants below set aside
  • No right to park appurtenant to Duchess of Bedford House passed under the 1974 Headlease