Certain Acts of Parliament whose object was, inter alia, to preserve open spaces for purposes of recreation prohibited the erection of ‘buildings’ upon such open spaces.
Held that a screen erected with the object of preventing an adjoining owner from acquiring a prescriptive right to the access of light over such an open space was not a ‘building.’
Judgment of the Court of Appeal reversed.
Per the Lord Chancellor (Halsbury)-‘A screen or some erection of that nature might be considered a ‘building’ with reference to some covenants, and might not be considered a ‘building’ with reference to others. The subject-matter to be dealt with and the subject to which the covenant is supposed to be applied are all to be looked at to see what the word ‘building’ means in relation to that particular subject-matter.’
Citations:
[1905] UKHL 565, 43 SLR 565
Links:
Jurisdiction:
England and Wales
Land
Updated: 26 April 2022; Ref: scu.621195