The Weekly Law Reports
[2008] 2 WLR 1096
Court of Appeal
RHJ Ltd v FT Patten (Holdings) Ltd and another
[2008] EWCA Civ 151
2008 Feb 21;
March 12
March 12
Mummery, Lloyd and Lawrence Collins LJJ
Easement— Light— Right to light by prescription— Lease reserving to lessor right to build on adjoining land— Lease excluding implied grant of easements— New freehold owner of land formerly subject to lease asserting acquisition of right to light by statutory prescription— Whether reservation in lease “agreement expressly made … for … purpose” of rendering enjoyment of light permissive— Whether reservation capable of preventing acquisition of rights to light by prescription absent express reference to light— Whether preventing acquisition of right—
Prescription Act 1832 (2 & 3 Will 4, c 71), s 3