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O'Brien v Secker

The Times Law Reports Cited authorities 4 Cited in Precedent Map Related
Vincent
JurisdictionEngland & Wales
Judgment Date16 May 1996
Date16 May 1996
CourtCourt of Appeal (Civil Division)

Court of Appeal

Before Lord Justice Nourse, Lord Justice Roch and Lord Justice Schiemann

O'Brien
and
Secker

Rating - non-domestic hereditament - wall poster site was 'land'

Poster site on rating list

The grant of a right to use a flank wall for advertising and to place structures thereon created a hereditament within the definition in section 64 of the Local Government Finance Act 1988 which was to be entered in the non-domestic rating list.

The Court of Appeal so held dismissing an appeal by the ratepayer, Mr Barry O'Brien, from a decision of the Lands Tribunal (Judge Marder, QC, President) in October 1994 upholding the confirmation by the Kent Valuation Tribunal of the entry in the valuation list of an advertising right to a poster site on the southern side wall of 5 Wincheap, Canterbury.

Section 64 of the 1988 Act provides: "(2) … a right is a hereditament if it is a right to use any land for the purpose of exhibiting advertisements and (a) the right is let out or reserved to any person other than the occupier of the land…"

Section 64(11) defines "land" to include "… a wall or other part of a building and a sign, hoarding, frame, post or other structure erected or to be erected on land".

Mr O'Brien in person; Mr David Holgate for Mr John Secker, the valuation officer.

LORD JUSTICE ROCH said that Mr O'Brien, an advertising contractor, was granted a licence by the occupier of the premises at 5 Wincheap to use the flank wall for advertising purposes.

Thereafter he had erected a hoarding attached to battens bolted to the wall on which advertisements were pasted.

Mr O'Brien contended that by section 64(11) "land" in section 64(2) included "hoarding … or other structure erected … on land": that he had the right to maintain on the flank wall a structure for displaying advertisements and that that...

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