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Marine and General Mutual Life Assurance Society v St James' Real Estate Co Ltd

Language: English Series: Estates Gazette ; (1991) 38 EG 230-232(2)Publication details: 1991Subject(s): Summary: Mayor's and City of London Court, 4 April 1991. The plaintiffs (J) were leaseholders of a property at the rear of which was an open space between it and the defendant's (M) adjoining freehold small office block. During reconstruction work M removed a light well between the two properties and raised the roof of its property. J claimed relief under Prescription Act 1832 ss3-4 and under the doctrine of lost modern grant. "Held": J was unable to rely on the Act as the windows in question had been blocked in and the use of light had not been enjoyed for 20 years; however the right in respect of these windows had been established under the principle of lost modern grant and the court rejected a submission that the right to light had been abandoned. J was awarded damages which departed from technical calculations of light loss in favour of broader considerations. "Carr-Saunders v Dick McNeil Associates Ltd" (ChD, Abs36604) applied.
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Item type Current library Call number Copy number Status Barcode
Law report London Journal article ABS45264 (Browse shelf(Opens below)) 1 Available 51922-1001

Mayor's and City of London Court, 4 April 1991. The plaintiffs (J) were leaseholders of a property at the rear of which was an open space between it and the defendant's (M) adjoining freehold small office block. During reconstruction work M removed a light well between the two properties and raised the roof of its property. J claimed relief under Prescription Act 1832 ss3-4 and under the doctrine of lost modern grant. "Held": J was unable to rely on the Act as the windows in question had been blocked in and the use of light had not been enjoyed for 20 years; however the right in respect of these windows had been established under the principle of lost modern grant and the court rejected a submission that the right to light had been abandoned. J was awarded damages which departed from technical calculations of light loss in favour of broader considerations. "Carr-Saunders v Dick McNeil Associates Ltd" (ChD, Abs36604) applied.