Lejonvarn and another v Cromwell Mansions Management Co Ltd
Language: English Series: Estates Gazette ; [2012] 25 EG 90-93(4)Publication details: 2012Subject(s): Summary: [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.| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Journal article | London Journal article | L156696 (Browse shelf(Opens below)) | 1 | Available | 156696-1001 |
[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.