An area of land was to be used as a petrol filling station. Part was later to become part of a widened roadway, and that part was let and the remainder sold as freehold. The freehold land had no access to the highway save over the leasehold land. The land sale included an agreement later to grant necessary rights on development. The development was abandoned. On a renewal of the lease, the tenant claimed that the value was affected by the easement. It was held that no sufficient certainty existed to create an easement.
Citations:
Gazette 05-May-2000
Jurisdiction:
England and Wales
Land
Updated: 14 June 2022; Ref: scu.83778