Das v Linden Mews Ltd

Das v Linden Mews Ltd

Court	Court of Appeal
Full case name	Peter Pharbu Dad and Others v Linden Mews Limited
Decided	1 May 2002
Citation(s)	[2002] EWCA Civ 590, [2003] 2 P&CR 4
Case opinions
Buxton LJ
Court membership
Judge(s) sitting	Thorpe LJ, Buxton LJ, Moses J
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. The case was remitted back to the trial judge for a fresh exercise of his discretion as to whether an injunction should be granted following the guidelines set down by the Court of Appeal.

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
Law of Property Act 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)
Land Registration Act 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
see English land law and easements

Notes

↑ (1904) 74 LJ Ch 127

References

External links

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