Designing Buildings at 12:22, 27 January 2021

2021-01-27T12:22:21Z

← Older revision		Revision as of 12:22, 27 January 2021
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	* When is a commercial lease surrendered?		* When is a commercial lease surrendered?

−	[[Category:~~Case_law~~]] [[Category:~~DCN_Case_Law~~]] [[Category:Property_law]]	+	[[Category:DCN_Case_Law]] [[Category:DCN_Commentary]] [[Category:DCN_Guidance]] [[Category:Case_law]] [[Category:Property_law]]

Editor at 12:48, 20 February 2018

2018-02-20T12:48:45Z

← Older revision		Revision as of 12:48, 20 February 2018
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	* Cohabiting - who owns what?		* Cohabiting - who owns what?
		+	* Common area.
	* Easement.		* Easement.
	* Neighbour trouble.		* Neighbour trouble.
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	* When is a commercial lease surrendered?		* When is a commercial lease surrendered?

−	[[Category:Case_law]] [[Category:Property_law]]	+	[[Category:Case_law]] [[Category:DCN_Case_Law]] [[Category:Property_law]]

Editor: Created page with "Dense tangles of rights of way, easements and other property rights are inevitable in the rabbit warren of heavily populated cities and are a common source of strife. Feelings ra..."

2018-02-06T16:34:01Z

Created page with "Dense tangles of rights of way, easements and other property rights are inevitable in the rabbit warren of heavily populated cities and are a common source of strife. Feelings ra..."

New page

Dense tangles of rights of way, easements and other property rights are inevitable in the rabbit warren of heavily populated cities and are a common source of strife. Feelings ran particularly high in the High Court case of 'Brothers Enterprises Ltd. v New World Hospitality UK Ltd.' [2017] concerning toilet facilities shared by an adjoining restaurant and hotel.

The restaurant had no toilets of its own but had the benefit of an easement that allowed its customers to pass through a connecting door in order to use the hotel's facilities. The door was blocked whilst the hotel underwent a ten-week refurbishment. The restaurant's response was to seek an injunction requiring the hotel to reopen the access route. The dispute had generated a great deal of heat, with each side accusing the other of behaving in a high-handed fashion.

The restaurant could not operate without toilet facilities and had closed temporarily. However, in refusing to grant the order sought, the Court noted that it had been influenced by the restaurant's regrettable conduct of the litigation, including its failure to give the hotel proper notice of an emergency application.

The Court observed that the hotel had offered an alternative access route to the toilets which would involve only a minimal reduction in the restaurant's kitchen space. The disruption would be for a limited period and the restaurant could readily be compensated for any loss of profit by an award of damages. If granted, the injunction would seriously hamper the refurbishment works, possibly precluding them altogether, and would have an oppressive impact on the hotel.

--[[User:Rex_Cowell_Solicitors|Rex Cowell Solicitors]]

= Find out more =

=== Related articles on Designing Buildings Wiki ===

* Cohabiting - who owns what?
* Easement.
* Neighbour trouble.
* Partition permanence and leases.
* Resorting to self-help in boundary dispute.
* When is a commercial lease surrendered?

[[Category:Case_law]] [[Category:Property_law]]

Shared toilet facilities - Revision history

Designing Buildings at 12:22, 27 January 2021

Editor at 12:48, 20 February 2018

Editor: Created page with "Dense tangles of rights of way, easements and other property rights are inevitable in the rabbit warren of heavily populated cities and are a common source of strife. Feelings ra..."