000 01571cam a2200241 4500
001 ABS65767
008 020802n2002 000 0 eng u
035 _a(Sirsi) u119170
245 _aParagon Finance plc v City of London Real Property Company Ltd
260 _c2002
490 _aProperty, Planning and Compensation Reports
_v[2002] 1 P&CR 470-479 (10)
520 _aChD 16 July 2001. Claimant (P) had been granted an underlease on a building of which one elevation had had access of light over an adjoining now closed public highway for 150 years. The freehold was deemed to acquired an easement of light under the doctrine of lost modern grant. Defendant (C) proposed to build over the public highway.which P sought to prevent by injunction as it interferred with its rights of light. C claimed P had no right to restrict the development. "Held" P was entitled to judgement either for an injunction or damages in lieu. As lessee P enjoyed the rights of light attached to the building subject to the reservation of the right to develop other land of the landlord not compromised in the lease (the reservation did not apply in this case). P was not entitled to an absolute right of light under the Prescription Act 1832 s3.
590 _aABS
650 _aRights of light
_96267
650 _aEASEMENTS
650 _aINJUNCTIONS
650 _aQUIET ENJOYMENT
650 _aPRESCRIPTION ACT 1832 S3
650 _aCONSENTS
650 _aPARAGON FINANCE PLC V CITY OF LONDON REAL PROPERTY CO LTD
690 _aPROPERTY AND LAND LAW-CASE LAW
942 _n0
999 _c70888
_d70888