Cases - Megaro v Di Popolo Hotels Ltd
Record details
- Name
- Megaro v Di Popolo Hotels Ltd
- Date
- [2007]
- Citation
- EWCA Civ 309
- Legislation
- Keywords
- Commercial property - landlord and tenant - easements - rights of way based on the existence of an external staircase
- Summary
-
Two adjoining properties in Euston Road each enjoyed a right of escape over the other property, granted by a 1998 transfer. However, the rights of the property currently belonging to Di Popolo was granted subject to a proviso that the roof and external staircase on Megaro’s property continued to exist, and also subject to the right for the owner of Megaro’s property to change the route of the emergency escape route from time to time; the rights enjoyed by Megaro’s property over Di Popolo’s property were not qualified in this way.
In 2004, Megaro redeveloped his property and removed the external staircase. At first, he made an alternative escape route available to Di Popolo, but subsequently this was withdrawn by letter.
The Court of Appeal held that Di Popolo’s emergency escape right had ended when the roof and staircase at Megaro’s property were removed. The right for Megaro to alter the escape route only applied so long as the right existed, and there was no obligation to provide alternative access after the right ceased to exist. There was no suggestion that Di Popolo’s property would be unusable without the escape right, and the fact that Megaro’s right was not liable to be determined if the Di Popolo property was redeveloped did not alter the bargain struck between the original parties.