000 02027cab a22002415a 4500
001 L146882
008 090309e20090129xxk f v 000 0 eng d
035 _a(Sirsi) u146882
041 0 _aeng
245 0 0 _aSalvage Wharf Ltd & Anor v G & S Brough Ltd
_h[electronic resource]
260 _c2009
520 _a[2009] EWCA Civ 21, 29 January 2009. An agreement's terms may be more limited than they seem and might not cover changed circumstances. Appellant developers (S and B) appealed against declarations made in favour of a respondent landowner (G) that it was entitled to an easement of light and that a light obstruction notice lodged by S should be cancelled. G agreed not to interfere with an initial development on adjacent land, including not taking action in relation to its rights of light in 1999. S & B compulsorily purchased G's building to demolish it for another project in 2007. G claimed compensation for this compulsory purchase on the basis that the building had rights of light. The developers argued that G gave up its right of light in the 1999 agreement. Held. Appeal dismissed. The agreement was not the kind referred to in section 3 of the 1832 Prescription Act. While G agreed not to take action, it had not abandoned or agreed to abandon its rights. The 2007 development was a subsequent redevelopment, not part of the original development; compulsory purchase went beyond the development described in the agreement.
590 _aKA
650 2 4 _aWILLOUGHBY V ECKSTEIN
650 2 4 _aMARLBOROUGH (WEST END) LTD V WILKS HEAD & EVE (UNREPORTED)
650 2 4 _aRHJ LTD V FT PATTEN (HOLDINGS) LTD AND ANOTHER
650 2 4 _aPRESCRIPTION ACT 1832 S3
650 2 4 _aRIGHTS TO LIGHT ACT 1959
651 4 _aEngland and Wales
_y1543-
690 _aPROPERTY-PROPERTY MANAGEMENT-EASEMENTS-RIGHTS TO LIGHT DETERMINATION
856 4 0 _uhttps://www.bailii.org./cgi-bin/markup.cgi?doc=/ew/cases/EWCA/Civ/2009/21.html&query=salvage+and+wharf&method=boolean
_zView the case at: www.bailii.org...
942 _n0
999 _c81314
_d81314