Midtown Ltd v City of London Real Property Co Ltd; Joseph and others v City of London Real Property Co Ltd
Midtown Ltd v City of London Real Property Co Ltd; Joseph and others v City of London Real Property Co Ltd
- 2005
- Estates Gazette [2005] 14 EG 130-141(12) .
[2005] EWHC 33 (Ch), 20 January 2005. M claimed that a development by C significantly diminished the amount of light reaching M's office building. C also claimed that a 1930 conveyance meant it could override any right to light enjoyed by the area of land affected by that conveyance and that the Town and Country Planning Act 1990 s237 applied and overrode any easement of light. "Held": the diminution of light was found to be a nuisance and interfered with the claimants right to light even though the offices were normally artificially lit when in use; C's claims dismissed.
TOWN AND COUNTRY PLANNING ACT 1990
LAW OF PROPERTY ACT 1925
SHELFER V CITY OF LONDON ELECTRIC LIGHTING CO
COLLS V HOME & COLONIAL STORES 1904
JAGGARD V SAWYER AND ANOTHER
STOCKPORT MBC V ALWIYAH DEVELOPMENTS
WROTHAM PARK SETTLED ESTATES V HERTSMERE BOROUGH COUNCIL
MIDTOWN LTD V CITY OF LONDON REAL PROPERTY CO LTD
[2005] EWHC 33 (Ch), 20 January 2005. M claimed that a development by C significantly diminished the amount of light reaching M's office building. C also claimed that a 1930 conveyance meant it could override any right to light enjoyed by the area of land affected by that conveyance and that the Town and Country Planning Act 1990 s237 applied and overrode any easement of light. "Held": the diminution of light was found to be a nuisance and interfered with the claimants right to light even though the offices were normally artificially lit when in use; C's claims dismissed.
TOWN AND COUNTRY PLANNING ACT 1990
LAW OF PROPERTY ACT 1925
SHELFER V CITY OF LONDON ELECTRIC LIGHTING CO
COLLS V HOME & COLONIAL STORES 1904
JAGGARD V SAWYER AND ANOTHER
STOCKPORT MBC V ALWIYAH DEVELOPMENTS
WROTHAM PARK SETTLED ESTATES V HERTSMERE BOROUGH COUNCIL
MIDTOWN LTD V CITY OF LONDON REAL PROPERTY CO LTD