[2025] UKUT 204 (LC)

The Respondent is the registered freehold proprietor of a substantial area of land which is located on a peninsula of land where the River Teign runs into the sea, which I believe is known as the Point, Teignmouth, Devon. Title to the Respondent’s land is registered under title number DN496449.

Part of the land in this title comprises the car park known as Lower Point Car Park (“the Car Park”). Also within the curtilage of this land is a row of beach huts, facing an area of beach and the sea, which are registered under separate titles. The Appellant is the registered freehold proprietor of three of these beach huts, known as Hut 41, Hut 42 and Hut 34. I will refer to these three beach huts as “the Appellant’s Beach Huts”.

The land in respect of which the Disputed Easement is claimed comprises a small area of land within the Car Park, roughly triangular in shape and located on the western side of the Car Park, close to the row of beach huts and the beach. The FTT referred to this triangle of land as the Boat Storage Area. I intend no criticism of the FTT in preferring to use the more neutral expression “the Triangle” to refer to this triangle of land.

The FTT found that there was space for up to four cars to park within the area of the Triangle. I was told that the Car Park itself has capacity for around 34 cars.