Briege McQuaid
| Jurisdiction | Northern Ireland |
| Judge | Mr Spence |
| Judgment Date | 12 August 2022 |
| Neutral Citation | R/18/2021 |
| Date | 12 August 2022 |
| Court | Lands Tribunal (Northern Ireland) |
LANDS TRIBUNAL FOR NORTHERN IRELAND
LANDS TRIBUNAL AND COMPENSATION ACT (NORTHERN IRELAND) 1964
PROPERTY (NORTHERN IRELAND) ORDER 1978
IN THE MATTER OF A REFERENCE
R/18/2021
BY
BRIEGE McQUAID - APPLICANT
Re: 38/48 Clifton Street, Belfast
Lands Tribunal for Northern Ireland – Henry Spence MRICS Dip.Rating IRRV (Hons)
Background
1. The subject premises at 38-48 Clifton Street, Belfast (“the reference property”) comprise s a
petrol filling station, convenience store and car wash located on Clifton Street/Trinity Street
close to its junction with Carlisle Circus/Antrim Road, Carrick Hill/Millfield and access to the
Westlink.
2. Title to the reference property is split between the petrol filling station fronting Clifton Street
(“the Clifton property”) and the carwash fronting Trinity Street (“the Trinity property”). The
root of the Trinity property title is a lease dated 20th November 1919 between Andrew Millar
and Company Limited of the one part and J C Mayers and Company Limited of the other part
(“the 1919 superior deed”). The root of the Clifton property title is a lease dated 14 th
December 1932 made between Thomas Brough Cox & Dunn Limited of the one part and
Robert Dunn of the other part (“the 1932 superior deed”). These superior deeds are relevant
in the context of the subject reference as they both contain covenants restricting the sale of
alcohol from the reference property.
3. By a lease dated 16th November 1987 made between Isobel Elizabeth Dunn and Edna Mary
Dunn (Lessor) and Malcolm McGarrity and Deirdre McGarrity (Lessee), the Clifton property
was demised for a term of 800 years from 18th May 1986 on payment of a premium o f
£31,500 and an annual rent of £100. By a second lease made between the same parties the
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