Casting a shadow
Francis, Andrew
Casting a shadow - 2008 - Estates Gazette (0824) 21 June 2008, 134-135(2) .
Explains how development clauses are increasingly being included in commercial leases (and some freehold transfers) to prevent rights to light being acquired. Explains the problems that such provisions can cause, and how they work in practice, with reference to the case of RHJ Ltd v FT Patten (Holdings) Ltd and other relevant cases. Proposes an alternative approach to the standard development clause.
LAW OF PROPERTY ACT 1925
RHJ LTD V FT PATTEN (HOLDINGS) LTD AND ANOTHER
MORGAN V FEAR
WHEELDON V BURROWS
REGAN V PAUL PROPERTIES LTD AND OTHERS
TAMARES (VINCENT SQUARE) LTD V FAIRPOINT PROPERTIES (VINCENT SQUARE) LTD
England and Wales--1543-
Casting a shadow - 2008 - Estates Gazette (0824) 21 June 2008, 134-135(2) .
Explains how development clauses are increasingly being included in commercial leases (and some freehold transfers) to prevent rights to light being acquired. Explains the problems that such provisions can cause, and how they work in practice, with reference to the case of RHJ Ltd v FT Patten (Holdings) Ltd and other relevant cases. Proposes an alternative approach to the standard development clause.
LAW OF PROPERTY ACT 1925
RHJ LTD V FT PATTEN (HOLDINGS) LTD AND ANOTHER
MORGAN V FEAR
WHEELDON V BURROWS
REGAN V PAUL PROPERTIES LTD AND OTHERS
TAMARES (VINCENT SQUARE) LTD V FAIRPOINT PROPERTIES (VINCENT SQUARE) LTD
England and Wales--1543-