Straudley Investments Ltd v Barpress Ltd
Straudley Investments Ltd v Barpress Ltd
- 1987
- Estates Gazette 282(6336) 30 May 1987, 1124-1125(2) .
CA 17 February 1987 Appeal by the plaintiffs(A) from a decision refusing to grant summary relief under Ord 14 against the defendants, the present respondents(R), requiring them to remove a fire escape and ventilation vent , the erection of which was claimed by A to be a trespass on their property. R`s defence had been that the upper surface of the roof, airspace above and external wall were not part of the premises demised to A. A`s lease was for 99 years from 1936 and the parcels clause demised "all that piece or parcel of ground with the messuages and buildings erected thereon" comprising 67 to 81(odd) in Mortimer Street, London W1. The lease was a full repairing lease and the repairing covenant required the lessee to "repair support and uphold the said messuages buildings and premises" and to keep the premises in repair "with all additional erections and improvements". CA held that it was really unarguable that the lease did not demise to A the roof and the exterior walls which we
CA 17 February 1987 Appeal by the plaintiffs(A) from a decision refusing to grant summary relief under Ord 14 against the defendants, the present respondents(R), requiring them to remove a fire escape and ventilation vent , the erection of which was claimed by A to be a trespass on their property. R`s defence had been that the upper surface of the roof, airspace above and external wall were not part of the premises demised to A. A`s lease was for 99 years from 1936 and the parcels clause demised "all that piece or parcel of ground with the messuages and buildings erected thereon" comprising 67 to 81(odd) in Mortimer Street, London W1. The lease was a full repairing lease and the repairing covenant required the lessee to "repair support and uphold the said messuages buildings and premises" and to keep the premises in repair "with all additional erections and improvements". CA held that it was really unarguable that the lease did not demise to A the roof and the exterior walls which we