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First-tier Tribunal (Property Chamber) |
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You are here: BAILII >> Databases >> First-tier Tribunal (Property Chamber) >> Murphy v Beckley (Easements and profits a prendre : Easements and profits a prendre) [2019] UKFTT 509 (PC) (26 July 2019) URL: http://www.bailii.org/uk/cases/UKFTT/PC/2019/509.html Cite as: [2019] UKFTT 509 (PC) |
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| Case reference | REF/2018/0667 |
|---|---|
| Date of decision | 26/07/2019 |
| Adjudicator | Acting Principal Judge Michael Michell |
| Applicant | Tamasine Leah Murphy |
| Respondent | (1) Leslie James Beckley (2) Elizabeth Mina Beckley |
| Main Category & Sub Category | |
| Category | Easements and profits a prendre |
| Sub Category | Easements of parking |
| Secondary Category & Sub Category | |
| Category | Easements and profits a prendre |
| Sub Category | Easements of parking |
| Decision notes | [2019] UKFTT 509 (PC). Claim to a prescriptive right to park on an open area outside the Applicant’s garage. The Applicant had been parking on the land for more than 20 years prior to the acquisition of the servient land by the Respondent. HELD that the right to park would not leave the Respondents without any reasonable use of the land. The Applicant already had a right of way to the garage, the practical effect of which was to prevent the Respondent servient owners from parking on that land themselves. The Respondents could make similar use of the servient land as the servient owner could of the land in Virdi v. Chana [2008] EWHC 2901 (Ch). The claim succeeded. |
| Download decision(s) | [2019] UKFTT 509 (PC) |
