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Dispute over right of way in enfranchisement valuation resolved
Thu 23 Aug 2012
The Upper Tribunal has determined that a right of way was mistakenly allowed to influence the value of a freehold of a property.
Appellants Timothy Clarke and Rosealind Caroline Clarke had sought to acquire the freehold of Ballinger Hill House in Buckinghamshire.
However, the Leasehold Valuation Tribunal mistakenly included the benefit of a right of way over nearby land in its figures, when the property should have been regarded as landlocked.
The case was therefore taken to the Upper Tribunal, where an appeal has proved successful.
Mark Vinall, a partner at Winckworth Sherwood Solicitors specialising in enfranchisement and leasehold property matters, commented: "While this Upper Tribunal case is specific to its particular set facts, it demonstrates that when making an enfranchisement claim it serves to carefully investigate the relevant titles.
"In this case the court concluded that the property did not benefit from a legal right of access and consequently the premium was significantly reduced."
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