BOH Ltd; Layhawk Consultants Ltd v Eastern Power Networks Plc (formerly EDF ENERGY NETWORKS (EPN Plc)) [electronic resource]
BOH Ltd; Layhawk Consultants Ltd v Eastern Power Networks Plc (formerly EDF ENERGY NETWORKS (EPN Plc)) [electronic resource]
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[2009] EWHC 3193 (Ch), 26 January 2011. Considers whether a freehold owner of property benefitted from cable rights (derived only from a lease of the property previously granted to the owner) across adjoining property (owned by third parties) to the public highway. The court initially decided that Respondent E had rights of access over Appellant B's plots and a right to maintain in position underground cables in B's plots. B and the third party appealed. "Held": appeal dismissed. CA found in favour of E. B contended unsuccessfully that E's forerunner EDF could not exercise the cable right which ended when E's predecessor EDF owned both the lease containing the right and the freehold. CA found a merger was not intended so the cable right remained.
BOH LTD AND ANOTHER V EASTERN POWER NETWORKS PLC (FORMERLY EDF ENERGY NETWORKS (EPN PLC))
LANDLORD AND TENANT ACT 1954 PART II S24
CAPITAL AND COUNTIES BANK LTD V RHODES
INGLE V VAUGHAN JENKINS
England and Wales--1543-
[2009] EWHC 3193 (Ch), 26 January 2011. Considers whether a freehold owner of property benefitted from cable rights (derived only from a lease of the property previously granted to the owner) across adjoining property (owned by third parties) to the public highway. The court initially decided that Respondent E had rights of access over Appellant B's plots and a right to maintain in position underground cables in B's plots. B and the third party appealed. "Held": appeal dismissed. CA found in favour of E. B contended unsuccessfully that E's forerunner EDF could not exercise the cable right which ended when E's predecessor EDF owned both the lease containing the right and the freehold. CA found a merger was not intended so the cable right remained.
BOH LTD AND ANOTHER V EASTERN POWER NETWORKS PLC (FORMERLY EDF ENERGY NETWORKS (EPN PLC))
LANDLORD AND TENANT ACT 1954 PART II S24
CAPITAL AND COUNTIES BANK LTD V RHODES
INGLE V VAUGHAN JENKINS
England and Wales--1543-