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SAFESTORE V RSN [2009] PLSCS 292 CLCC

DATE: 15 Oct 2009

A commercial landowner successfully claims a right to park on a private road by prescription and the doctrine of lost modern grant. Such a right can arise despite the deemed grant being in breach of a covenant on the part of the servient owner. The right acquired was to park an unlimited number of vehicles on a defined stretch of road immediately outside the landowners premises. The court held that the servient land was sufficiently well defined and that the right did not deprive the servient owner of any reasonable use of its land.

David Holland acted for the successful Claimants.