Webinars by Practice Area
Parking rights – current position and practical issues
Recorded on: 29/03/2023
Rights to park are an essential part of modern life, and have significant value in their own right. Recent caselaw demonstrates that such rights need not be the subject of an express grant, but may arise by the operation of statute, or by long use. There can be practical issues in re-jigging provision of parking when adding to or altering a development, and standard ‘lift and shift’ provisions are not always a complete answer. Historically, the law has struggled to fit parking rights within the concept of easements, and this webinar will review the present position, as well as considering the practical issues which arise in relation to parking:
- Can a parking easement be acquired by long use?
- What amounts to an actionable interference with a parking right?
- Of particular interest to developers, can ‘lift and shift’ provisions enable relocation of parking spaces?