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Easements.
Landlord and tenant (general).
Long leases.
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Easements.

The editor of this section is Emma Humphreys, solicitor, partner in Charles Russell LLP (www.cr-law.co.uk)

Rights of light

Release of right

Metropolitan Housing Trust Limited v RMC FH Co Limited
[2017] EWHC 2609 (Ch)

Summary

The court declined a tenant’s application for a declaration that it was entitled to enter into an agreement with a neighbouring developer to release its right of light enjoyed as headlessee. In the court’s view, permitting an actionable interference with the right by the developer would be a breach of the tenant’s covenant not to allow encroachments upon or against the demised premises.

Facts

RMC was the freehold owner of a property in London (“the property”) of which Metropolitan owned a head-lease. The building had been built by Metropolitan shortly after the grant of its head-lease in 1987. Under Clause 3(12) of the head-lease, Metropolitan had covenanted not to allow any encroachment to be made… “upon or against” the demised premises so as to cause “damage, annoyance or inconvenience of the landlord”.

The windows in the building had enjoyed light passing over a neighbouring property for more than twenty years and so, at face value, had acquired a prescriptive right to light under s3 Prescription Act 1832. The neighbouring ... THIS IS AN EXTRACT OF THE FULL TEXT. TO GET THE FULL TEXT, SEE BELOW

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