000 02298cab a22003255a 4500
001 L146889
008 090309e20090228xxk f v 000 0 eng d
035 _a(Sirsi) u146889
041 0 _aeng
245 0 0 _aDorrington Belgravia Ltd v McGlashan and another
260 _c2009
520 _a[2009] O8 EG 116, 12 November 2008. Illustrates the importance of defining the exact extent of the demise in a building's lease. A claimant landlord of residential maisonettes under a sublease who wanted to build a further storey above a roof with skylights, applied to the court for declarations that : (1) the roof and airspace above the maisonette were not demised to the defendants; (2) it was entitled to build even though this would block the skylights. The defendant tenants argued that by blocking the skylights some rooms would receive no natural light (although other rooms had windows). It also argued that the roof and airspace were part of the demise and that and any development would be trespass. The case turned very much on the design of the building in question. Held: application refused. The Central London County Court ruled that the skylights were an integral part of the design and structure of the property, so the roof was part of the demise. Further, although there was no express grant of a right to light in the lease, the tenants had a right to light by long use or implied grant. Blocking the skylights would be an infringement of this right to light.
590 _aKA NTK
650 2 4 _aINVESTORS COMPENSATION SCHEME LTD V WEST BROMWICH BUILDING SOCIETY
650 2 4 _aDELEGABLE LTD V PERINPANATHAN
650 2 4 _aDAVIES V YADEGAR
650 2 4 _aSTRAUDLEY INVESTMENTS V BARPRESS LTD
650 2 4 _aHATFIELD V MOSS
650 2 4 _aBROWNE V FLOWER
650 2 4 _aJOHNSTON & SONS LTD V HOLLAND
650 2 4 _aJOLLY V KINE
650 2 4 _aGALE ON EASEMENTS
650 2 4 _aOVERCOM PROPERTIES V STOCKLEIGH HALL RESIDENTS MANAGEMENT LTD
650 2 4 _aHANNON V 169 QUEEN'S GATE LTD
650 2 4 _aDEVONSHIRE REID PROPERTIES LTD V TRENEMAN
651 4 _aEngland and Wales
_y1543-
690 _aPROPERTY-PROPERTY MANAGEMENT-EASEMENTS-RIGHTS TO LIGHT DETERMINATION
690 _aPROPERTY-RESIDENTIAL PROPERTY-RESIDENTIAL LANDLORD AND TENANT-RESIDENTIAL LEASES
942 _n0
999 _c81318
_d81318