Overview

Finally, some good news for property developers: the Court of Appeal has recently taken issue with the High Court, and decided that an easement granting access to adjoining property for the purposes of ‘rebuilding or renewal’ can be used to develop property.

The recent case of Risegold v Escala [2008] concerned neighbouring freehold premises at Quaker Court, London E1, consisting of warehouse and industrial units. The grants or reservation of benefits were in all material respects identical in each transfer, and provided the claimant with: “The right (exercisable upon prior notice of not less than 48 hours given to the owners and occupiers of [‘the yard’]) to enter (without vehicles) upon such part of the yard to the rear of [the yard] as is necessary for the purpose of carrying out maintenance repair, rebuilding or renewal to the property.”

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