Taurusbuild Ltd and others v McQue and another

Easement – Right of way. The respondents had applied to the Land Registry to register a right to use two parking places in the car park of a property, owned by the first appellant company which was adjacent to theirs, together with a right of way necessary to gain access to the parking places. The matter was eventully referred to the First-tier Tribunal (Land Registration Chamber)(the FTT), which held that there was an equitable easement in favour of the respondents. On appeal from the FTT's decision, the Upper Tribunal (Land Chamber) affirmed the FTT's decision on other grounds, deciding that although the judge's decision regarding the existence of an equitable easement could not stand, there was an implied easement in the respondent's favour under the rule in Wheeldon v Burrows[1874-80] All ER Rep 669.

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