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Update | Residential property: parking easements, insurance rent, basement excavation

Janet Armstrong-Fox explores the implications of recent cases on car parking easements, 
the strict requirements for the recovery of insurance rent and basement excavation in a leasehold context

5 October 2012

Car parking easements

Car parking is a valuable right which is keenly protected, if threatened. There are several different ways that a right to park can be granted, for example under a lease, by way of a licence or even as an easement. Until the Scottish Moncrieff case in the House of Lords in 2007 it was not clear that a right to park in a designated space was capable of being an easement and, although not binding as a Scottish judgment, it has the persuasive weight of the House of Lords behind it.

The right to park as an easement was explored again in the recent case of Kettel and Ors v Bloomfold Ltd [2012] EWHC 1422 (Ch) where the landlord had granted long leases of flats in a residential development and each flat had been granted a right to use a designated parking space on the estate. Within each lease the landlord had reserved the usual right to develop neighbouring land notwithst...

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