Purchaser of cruiser berths completed contract on foot of an assurance that the access would be made navigable

By: Mark Tottenham BL

or click here to request site subscription to search and view all judgments

High Court awards damages of €59,289 in lieu of injunction or specific performance where a purchaser of two cruiser berths on an inland lake found that they were not navigable because of a rock outcrop, on the grounds that, notwithstanding that the purchaser knew of the rock outcrop prior to completing the purchase, he had completed on foot of an assurance that the access to the berths would be cleared.

Purchase of berths in marina - part of mixed development - residential, retail and marina units - mooring spaces for cruisers - berths inaccessible by cruisers by reason of rock outcrop - not possible to make the waterway navigable - purchase price of €40,000 per berth - purchaser aware of visible rocks prior to closing sale - title to berths - management company - whether berths useless - implied term of navigability - easement of access and egress - easement to be implied from necessity - whether the owner of the servient tenement had an obligation to keep the easement in repair - action in nuisance - derogation from grant - covenant for quiet enjoyment - agreement that access be made navigable - sale closed on foot of alleged 'assurance' - discussion of 'dredging' the waterway made at AGM - whether claim statute barred - assessment of damages - damages in lieu of injunction or specific performance - current market value of berths - cost of rental of alternative berth.

Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.

or click here to request site subscription to search and view all judgments

Leave a Comment

Your email address will not be published. Required fields are marked *