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17 July 2008 / Tamsin Cox
Issue: 7330 / Categories: Features , Property
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Property law update

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UNREASONABLE CAR PARKING SCHEME
UNEQUIVOCAL RENT DEMAND
PRESCRIPTIVE RIGHTS TO LIGHT

PARKING SCHEME
Shah & Ors v Colvia Management Co Ltd [2008] EWCA Civ 195, [2008] All ER (D) 256 (Mar) concerned a management company’s proposed alterations to a parking scheme in use by lessees of units in an industrial park. The management company (Colvia) had been established to manage an estate comprising some 87 industrial units held on 999 year leases, each lessee having shares in the company, and had subsequently acquired the freehold also, so that the estate was controlled by its occupants.

Two issues arose in relation to the parking provision at the estate: lack of space, and the imposition of non-domestic rates by the local authority. The space issue arose because the various parking areas provided room for only 350 to 370 vehicles. Additional pressure for parking was caused by the Claimants, who were six lessees who ran car repair companies from the estate.Taking into account cars awaiting inspection and repair as well as courtesy vehicles, these six lessees required around

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