Das v Linden Mews Ltd

Das v Linden Mews Ltd
Court Court of Appeal
Citation(s) [2002] EWCA Civ 590, [2003] 2 P&CR 4
Keywords
Easements

Das v Linden Mews Ltd [2002] EWCA Civ 590 is an English land law case, concerning easements.

Facts

The company, Linden Mews Ltd, was formed by two residents of the mews to buy a carriageway where the residents of numbers four and five were accustomed to parking their cars. They claimed an easement, and the company claimed trespass and charges for the parking. The company said anything more than disembarking and unloading in front of their properties would contravene Harris v Flower[1] that a dominant owner could only use a right of way granted for the enjoyment of the dominant tenement for the purposes of the dominant tenement and not for other land.

Judgment

Buxton LJ held there was no easement for parking, but the judge had been wrong to award an injunction, and should have considered whether damages in lieu would have been more appropriate, and how much.

See also

Notes

  1. (1904) 74 LJ Ch 127

References

External links

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