RHJ Ltd v FT Patten (Holdings) Ltd and another (Record no. 80188)

MARC details
000 -LEADER
fixed length control field 01854cab a22002055a 4500
001 - CONTROL NUMBER
control field L143458
008 - FIXED-LENGTH DATA ELEMENTS--GENERAL INFORMATION
fixed length control field 080513e20080312xxk f v 000 0 eng d
035 ## - SYSTEM CONTROL NUMBER
System control number (Sirsi) u143458
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) Ltd and another
Medium [electronic resource]
260 ## - PUBLICATION, DISTRIBUTION, ETC.
Date of publication, distribution, etc. 2008
520 ## - SUMMARY, ETC.
Summary, etc. [2008] EWCA Civ 151, 12 March 2008. Considered whether a clause in a lease excluding the acquiring of easements under the Prescription Act 1832 had to refer specifically to the right to light in order for that right to be deemed excluded. The appellant lessee (R) appealed against a preliminary finding (L139811) that the right to light did not have to be specifically mentioned in his lease among easements which were barred to him. The lease allowed the respondent landlord (F) to construct adjacent to the property and the judge ruled on this preliminary issue that it had not been intended to grant the indefeasible right of light to R. R appealed, arguing that to bar that right for the purpose of section 3 of the Act, the clause had to make it clear that the right to light specifically was consensual. "Held": The phrase "expressly made or given for that purpose" in section 3 of the Act was satisfied by a condition in the lease which had the effect of rendering all easements conditional or permissive. There was no requirement to expressly refer to the right of light. The judge had been correct in his findings. Appeal dismissed.
590 ## - LOCAL NOTE (RLIN)
Local note KA
650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element PRESCRIPTION ACT 1832 S3
650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element RHJ LTD V FT PATTEN (HOLDINGS) LTD AND ANOTHER
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/EWCA/Civ/2008/151.html">https://www.bailii.org/ew/cases/EWCA/Civ/2008/151.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 13/05/2008   ONLINE PUBLICATION 143458-1001 06/08/2019 1 06/08/2019 Law report