London & Blenheim Estates v Ladbroke Retail Parks [1994]

Facts

  • London & Blenheim Estates were the owners of land over which the local Co-op store had an easement for car parking
  • The easement provided for additional rights of car parking if the servient owner (London and Blenheim) acquired more adjoining land
  • The Co-op sold their dominant land to Ladbroke, who in turned claimed additional parking rights once London& Blenheim Estates acquired more land

Issue

  • Were Ladbroke entitled to more parking rights?

Decision

  • No

Reasoning

  • Such a claim would undermine the certainty of the easement, potentially depriving the servient landowner of the reasonable use of unidentified land in the future
RELATED CASE  Renals v Cowlishaw (1879)

Posted in Land Law Revision Notes.

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