Metropolitan Housing Trust Ltd v RMC FH Co Ltd

Subject Matter

EASEMENT — Right of light — Prescription — Lessee covenanting not to permit encroachment on demised premises — Prescriptive right of light acquired in respect of building erected on premises after date of demise — Lessee proposing to release right to developers of site immediately opposite premises — Whether right of light subject of demise as right appurtenant to freehold — Whether release of right by lessee breach of covenant — Prescription Act 1832 (2 & 3 Will 4, c 71), s 3

[2017] EWHC 2609 (Ch); [2018] Ch 195; [2018] 2 WLR 432; [2017] WLR(D) 707, Ch D

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