Paragon Finance plc v City of London Real Property Company Ltd
Series: Property, Planning and Compensation Reports ; [2002] 1 P&CR 470-479 (10)Publication details: 2002Subject(s): Summary: ChD 16 July 2001. Claimant (P) had been granted an underlease on a building of which one elevation had had access of light over an adjoining now closed public highway for 150 years. The freehold was deemed to acquired an easement of light under the doctrine of lost modern grant. Defendant (C) proposed to build over the public highway.which P sought to prevent by injunction as it interferred with its rights of light. C claimed P had no right to restrict the development. "Held" P was entitled to judgement either for an injunction or damages in lieu. As lessee P enjoyed the rights of light attached to the building subject to the reservation of the right to develop other land of the landlord not compromised in the lease (the reservation did not apply in this case). P was not entitled to an absolute right of light under the Prescription Act 1832 s3.| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Law report | London Journal article | ABS65767 (Browse shelf(Opens below)) | 1 | Available | 119170-1001 |
ChD 16 July 2001. Claimant (P) had been granted an underlease on a building of which one elevation had had access of light over an adjoining now closed public highway for 150 years. The freehold was deemed to acquired an easement of light under the doctrine of lost modern grant. Defendant (C) proposed to build over the public highway.which P sought to prevent by injunction as it interferred with its rights of light. C claimed P had no right to restrict the development. "Held" P was entitled to judgement either for an injunction or damages in lieu. As lessee P enjoyed the rights of light attached to the building subject to the reservation of the right to develop other land of the landlord not compromised in the lease (the reservation did not apply in this case). P was not entitled to an absolute right of light under the Prescription Act 1832 s3.