Q&As

If a property benefits from a right ‘in the case of emergency only to pass through the fire escape exits (if any)’ on another's property, and the owner of the benefiting property houses an excess number of staff on site, making the use of the fire escape unsafe, would the owner of the property allowing use of the fire escape be expected to continue maintaining it and to pay for the costs of the upkeep?

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Produced in partnership with Kristina Lukacova of New Square Chambers
Published on LexisPSL on 23/02/2018

The following Property Q&A produced in partnership with Kristina Lukacova of New Square Chambers provides comprehensive and up to date legal information covering:

  • If a property benefits from a right ‘in the case of emergency only to pass through the fire escape exits (if any)’ on another's property, and the owner of the benefiting property houses an excess number of staff on site, making the use of the fire escape unsafe, would the owner of the property allowing use of the fire escape be expected to continue maintaining it and to pay for the costs of the upkeep?
  • Obligation to repair based on a contract and/or local custom
  • Occupiers’ liability
  • Occupiers’ Liability Act 1957
  • Occupiers’ Liability Act 1984

Obligation to repair based on a contract and/or local custom

The servient owner does not have an obligation to carry out repairs necessary to ensure the enjoyment of an easement by the dominant owner (Jones v Price at para [631]) unless a statute, special local custom or an express contract provide otherwise.

If the servient owner has an obligation to repair the fire escape based on either express contract or local custom (of which there is no suggestion on the facts provided), the extent of its obligation is determined by construing the relevant contractual provision(s) or rules of local custom. Without having si

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