Montrose Court Holdings Ltd and Another v Shamash and others: CA 21 Feb 2006

Tenants challenging power of freeholders to impose parking regulations on occupiers of development. The landlord appealed.
Held: ‘the regulations in the present case – which limited the right to park to the parking of one vehicle at a time – were proper regulations to make. They were regulations which can be seen as necessary if all those having the right to park on the service road are to be able to enjoy that right in orderly competition. ‘ The appeal succeeded.
[2006] EWCA Civ 251
Law of Property Act 1925 62(2)
England and Wales
CitedSaeed v Plustrade Ltd CA 20-Dec-2001
The court considered a parking management scheme imposed by freeholders on an estate. The result would be to reduce the number of parking spaces from 13 to 4.
Held: (Sir Christopher Slade) ‘The lease in terms conferred upon the lessee ‘the . .
CitedHare v Gilman and another 2000
. .
CitedWright v Macadam KBD 1949
The court considered the exceptions to the rule that a right in fact enjoyed with property will pass on a conveyance of the property by virtue of the grant to be read into the conveyance by virtue of section 62. One exception was if the right was . .

These lists may be incomplete.
Updated: 26 February 2021; Ref: scu.239181