RHJ Ltd V FT Patten (Holdings) and another (Record no. 79094)

MARC details
000 -LEADER
fixed length control field 01831cab a22002175a 4500
001 - CONTROL NUMBER
control field L139811
008 - FIXED-LENGTH DATA ELEMENTS--GENERAL INFORMATION
fixed length control field 070810e20070713xxk f w 000 0 eng d
035 ## - SYSTEM CONTROL NUMBER
System control number (Sirsi) u139811
041 0# - LANGUAGE CODE
Language code of text/sound track or separate title eng
245 00 - TITLE STATEMENT
Title RHJ Ltd V FT Patten (Holdings) and another
Medium [electronic resource]
260 ## - PUBLICATION, DISTRIBUTION, ETC.
Date of publication, distribution, etc. 2007
520 ## - SUMMARY, ETC.
Summary, etc. [2007] EWHC 1655 (Ch), 13 July 2007. In the terms of a lease the landlord reserved the right to build on land adjacent to the property. A clause excluded the implied grant of any easement and did not expressly grant any right to light. However the property had enjoyed 20 years' light between its construction and the date when a light obstruction notice was registered. The issue to be determined was whether the right to light was enjoyed by consent or agreement so that it could not be deemed absolute and indefeasible under the Prescription Act 1832 s3. "Held": Case law did not show that the lease had to refer specifically to light. Clauses dealing with the future could be said to exclude the right to light if, on a fair reading, construction that they permitted might be expected to restrict it. A lease such as this which allowed a landlord to build was not likely to grant the right to light if it was not expressly stated. In this case it was not found that the tenant had an absolute and indefeasible right to light. Preliminary issue determined.
590 ## - LOCAL NOTE (RLIN)
Local note KA
650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element RHJ LTD V FT PATTEN (HOLDINGS) LTD AND ANOTHER
650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element RHJ LTD V FT PATTEN (HOLDINGS) LTD AND ANOTHER
650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element PRESCRIPTION ACT 1832 S3
651 #4 - SUBJECT ADDED ENTRY--GEOGRAPHIC NAME
Geographic name England and Wales
Chronological subdivision 1543-
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 40 - ELECTRONIC LOCATION AND ACCESS
Uniform Resource Identifier <a href="https://www.bailii.org/ew/cases/EWHC/Ch/2007/1655.html">https://www.bailii.org/ew/cases/EWHC/Ch/2007/1655.html</a>
Public note View the judgment 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     Virtual Virtual Online 10/08/2007   ONLINE PUBLICATION 139811-1001 06/08/2019 1 06/08/2019 Law report