J Murphy and Sons Ltd v Railtrack Plc: CA 29 Apr 2002

A lease was granted of land, but the landlord had no land over which it could grant any rights to access the land. The rent came to be reviewed. The tenant had independently obtained access rights. The landlord wanted the lack of access rights to be disregarded.
Held: The absence of rights of access rights could not be disregarded, and the land was to be valued without them.


Lord Justice Peter Gibson Lord Justice Judge Lord Justice May


[2202] 2 EGLR 48, [2002] 19 EG 148, [2002] EWCA Civ 679, [2003] 1 P and CR 91




Landlord and Tenant Act 1954


England and Wales


ApprovedG Orlik (Meat Products) Ltd v Hastings and Thanet Building Society 1974
The tenant requested a new lease and the renewal of personal rights attached to the first lease.
Held: The court could not countenance renewal of purely personal rights under the 1954 Act. It was said that: ‘The object of Part II of the Act is . .

Cited by:

CitedThe Picture Warehouse Ltd v Cornhill Investments Ltd QBD 23-Jan-2008
The tenant appealed against a decision that provision for parking should not be included in the new tenancy granted to him under the Act. The original lease had been intended to be varied to move the tenant to allow some rebuilding, and new parking . .
Lists of cited by and citing cases may be incomplete.

Landlord and Tenant

Updated: 04 September 2022; Ref: scu.217054