James Naylor & Claire Southway explain why Risegold is good news for developers
The Court of Appeal has recently provided much food for thought in the case of Risegold Ltd v Escala Ltd [2008] EWCA Civ 1180, Risegold Ltd v Escala Ltd [2008] All ER (D) 269 (Oct). It concerned neighbouring freehold premises at Quaker Court, London E1, consisting of warehouse/industrial units, and the extent of an easement granted to the owner of one of those premises, giving it the right to enter into part of the adjoining premises.
In 1993, both Risegold and Escala’s premises were in joint ownership. Title in units 5 and 6 was transferred to Risegold’s predecessors in title on 28 July 1993, and the title in units 3 and 4 to Escala on 6 August 1993.
The grant (or reservation) of the benefit to Risegold was in all material respects identical in both transfers and was in the following terms: “The right (exercisable upon prior notice of not less than forty eight hours given to the owners and occupiers of the Adjoining Property) to enter (without
