Lejonvarn and another v Cromwell Mansions Management Co Ltd
Lejonvarn and another v Cromwell Mansions Management Co Ltd
- 2012
- Estates Gazette [2012] 25 EG 90-93(4) .
[2011] EWHC 3838 (Ch), 24 November 2011. Leaseholders (L) occupied a flat spread over the ground floor and basement of a building and with two flats above which had been converted from a single dwelling. L's proposal to excavate soil beneath the flat to create an additional lower floor refused consent by freeholder (C). L contended that the demise included the subsoil either as a matter of construction of terms of the lease or by way of a legal presumption. Held: terms of lease excluded any rights in the subsoil and the presumption did not apply.
England and Wales--1543-
[2011] EWHC 3838 (Ch), 24 November 2011. Leaseholders (L) occupied a flat spread over the ground floor and basement of a building and with two flats above which had been converted from a single dwelling. L's proposal to excavate soil beneath the flat to create an additional lower floor refused consent by freeholder (C). L contended that the demise included the subsoil either as a matter of construction of terms of the lease or by way of a legal presumption. Held: terms of lease excluded any rights in the subsoil and the presumption did not apply.
England and Wales--1543-