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First-tier Tribunal (Property Chamber)
You are here: BAILII >> Databases >> First-tier Tribunal (Property Chamber) >> McQue & Anor v Taurusbuild Ltd & Ors (Easements and profits a prendre : Construction of implied grant) [2018] UKFTT 314 (PC) (17 April 2018)
URL: http://www.bailii.org/uk/cases/UKFTT/PC/2018/2016_0023.html
Cite as: [2018] UKFTT 314 (PC)
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(1) John Paul McQue (2) Fiona McQue v (1) Taurusbuild Limted (2) Shandar Salam (3) William Henry Campbell (4) Edwin Peter Goldsborough (5) David Ibbetson (6) Julie Ibbetson (7) Barry Stirling (8) Gillian Stirling (9) Roy Hatton (Easements and profits a prendre : Construction of implied grant) /Judgments/j1032/REF-2016-0023.pdf (17 April 2018)
Sale of a listed building used initially as a nursing home - later planning was obtained to convert major parts to provide self-contained apartments. Conveyances in 1988 provided that some planning obligations were expressly to run with and bind the land and obligations were to bind successors in title. Part way through the project the registered proprietor got into financial difficulties; the banks appointed receivers and went into possession. A revised planning permission provided that two specified parking spaces were for the use of a particular unit. When the mortgagee sold that unit to the Applicants the TP1 did not make express reference to the right to park in those units or for a right of way to them across the site. The parking spaces were constructed. The Applicants sought to enter the benefit/burden of the rights on the respective titles. The issue came down to an equitable easement stemming from the 1988 conveyances and I found (in part) in favour of the purchaser.
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