Marine and General Mutual Life Assurance Society v St James' Real Estate Co Ltd
Marine and General Mutual Life Assurance Society v St James' Real Estate Co Ltd
- 1991
- Estates Gazette (1991) 38 EG 230-232(2) .
Mayor's and City of London Court, 4 April 1991. The plaintiffs (J) were leaseholders of a property at the rear of which was an open space between it and the defendant's (M) adjoining freehold small office block. During reconstruction work M removed a light well between the two properties and raised the roof of its property. J claimed relief under Prescription Act 1832 ss3-4 and under the doctrine of lost modern grant. "Held": J was unable to rely on the Act as the windows in question had been blocked in and the use of light had not been enjoyed for 20 years; however the right in respect of these windows had been established under the principle of lost modern grant and the court rejected a submission that the right to light had been abandoned. J was awarded damages which departed from technical calculations of light loss in favour of broader considerations. "Carr-Saunders v Dick McNeil Associates Ltd" (ChD, Abs36604) applied.
CARR-SAUNDERS V DICK MCNEIL ASSOCIATES LTD
PRESCRIPTION ACT 1832 SS3-4
PRESUMPTION OF LOST MODERN GRANT
MARINE AND GENERAL MUTUAL LIFE ASSURANCE SOCIETY V ST JAMES' REAL ESTATE CO LTD
RIGHTS TO LIGHT
Mayor's and City of London Court, 4 April 1991. The plaintiffs (J) were leaseholders of a property at the rear of which was an open space between it and the defendant's (M) adjoining freehold small office block. During reconstruction work M removed a light well between the two properties and raised the roof of its property. J claimed relief under Prescription Act 1832 ss3-4 and under the doctrine of lost modern grant. "Held": J was unable to rely on the Act as the windows in question had been blocked in and the use of light had not been enjoyed for 20 years; however the right in respect of these windows had been established under the principle of lost modern grant and the court rejected a submission that the right to light had been abandoned. J was awarded damages which departed from technical calculations of light loss in favour of broader considerations. "Carr-Saunders v Dick McNeil Associates Ltd" (ChD, Abs36604) applied.
CARR-SAUNDERS V DICK MCNEIL ASSOCIATES LTD
PRESCRIPTION ACT 1832 SS3-4
PRESUMPTION OF LOST MODERN GRANT
MARINE AND GENERAL MUTUAL LIFE ASSURANCE SOCIETY V ST JAMES' REAL ESTATE CO LTD
RIGHTS TO LIGHT