Artificial distinction (Record no. 75102)

MARC details
000 -LEADER
fixed length control field 01704cab a2200217 4500
001 - CONTROL NUMBER
control field L129423
008 - FIXED-LENGTH DATA ELEMENTS--GENERAL INFORMATION
fixed length control field 050419n2005 000 0 eng u
035 ## - SYSTEM CONTROL NUMBER
System control number (Sirsi) u129423
041 ## - LANGUAGE CODE
Language code of text/sound track or separate title eng
100 ## - MAIN ENTRY--PERSONAL NAME
Personal name Murdoch, Sandi
245 ## - TITLE STATEMENT
Title Artificial distinction
260 ## - PUBLICATION, DISTRIBUTION, ETC.
Date of publication, distribution, etc. 2005
490 ## - SERIES STATEMENT
Series statement Estates Gazette
Volume/sequential designation (0514) 9 April 2005, 127(1)
520 ## - SUMMARY, ETC.
Summary, etc. Rights to light can arise after only 20 years' use and once in place can affect the development potential of land. They are not easily overridden and injunctions or substantial damages are the expected remedies against their infringement. Discusses "Midtown Ltd v City of London Real Property Co Ltd" ([2005] EWHC 33 (Ch), Abs68690) where the defendant (C) alleged that the claimant freeholder (M) did not have a right to light relating to the part of a site adjacent to M's office building on which C intended to build, using a 1930 conveyance and the Town and Country Planning Act 1990 s237 as arguments. C also contended that the question of infringement should include artificial as well as natural light. Concludes that s237 of the Act cannot always override rights affecting a development and that the regular use of artificial light cannot prevent a right to light from being infringed although it may affect the remedy awarded. M had to settle for damages.
590 ## - LOCAL NOTE (RLIN)
Local note IKA290405
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element MIDTOWN LTD V CITY OF LONDON REAL PROPERTY CO LTD
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element TOWN AND COUNTRY PLANNING ACT 1990 S237
690 ## - LOCAL SUBJECT ADDED ENTRY--TOPICAL TERM (OCLC, RLIN)
Topical term or geographic name as entry element PROPERTY-PROPERTY MANAGEMENT-EASEMENTS-RIGHTS TO LIGHT DETERMINATION-RIGHTS TO LIGHT
856 ## - ELECTRONIC LOCATION AND ACCESS
Uniform Resource Identifier <a href="https://www.bailii.org/ew/cases/EWHC/Ch/2005/33.html">https://www.bailii.org/ew/cases/EWHC/Ch/2005/33.html</a>
Public note View the decision free of charge at www.bailii.org...
942 ## - ADDED ENTRY ELEMENTS (KOHA)
Suppress in OPAC 0
Holdings
Withdrawn status Lost status Source of classification or shelving scheme Damaged status Not for loan Home library Current library Shelving location Date acquired Total Checkouts Full call number Barcode Date last seen Copy number Price effective from Koha item type
    Dewey Decimal Classification     London London Journal article 19/04/2005   L129423 129423-1001 06/08/2019 1 06/08/2019 Journal article