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.

Cases on easements

Aldred's Case (1610) 9 Co Rep 57

Hill v Tupper (1863) 2 H & C 121

Re Ellenborough Park [1956] Ch 131

London and Blenheim Ltd v Ladbroke Ltd [1993] 4 All ER 157

Phipps v Pears [1965] 1 QB 76

Moncrieff v Jamieson [2007] UKHL 42.

Das v Linden Mews Ltd [2002] EWCA Civ 590

LPA 1925 ss 1(2) 62 and 65(1)

Wheeldon v Burrows (1879) 12 Ch D 31

Wong v Beaumont Property Trust [1965] 1 BE 173

Pwllbach Colliery v Woodman [1915] AC 624

Kent v Kavanagh [2006] EWCA Civ 162

Green v Lord Somerleyton [2003] EWCA Civ 198

Hair v Gillman (2000) 80 P&CR 108

Prescription Act 1832 ss 2-3

Land Charges Act 1972 s 2(5)(d)(iii)

LRA 2002 s 27(2)(a) and Sch 3, para 3

Crow v Wood [1971] 1 QB 77

Crabb v Arun District Council [1975] EWCA Civ 7

R (Barkas) v North Yorkshire CC [2014] UKSC 31

Notes

↑ (1904) 74 LJ Ch 127

References

External links

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