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Morgan v Fear: HL 1907

Two adjoining tenants held of the same landlord. One enjoyed access and use of light over the adjoing tenanted premises for a period in excess of twenty years and without interruption.
Held: An absolute right of light was acquired as against the other tenant and against his successors in title, and also the landlord.

Citations:

[1907] AC 425, 76 LJ Ch 660, 51 Sol Jo 702

Jurisdiction:

England and Wales

Citing:

Appeal fromFear v Morgan CA 1906
. .

Cited by:

CitedMidtown Ltd v City of London Real Property Company Ltd ChD 20-Jan-2005
Tenants occupied land next to land which was to be developed after compulsory acquisition. The tenants and the landlords asserted a right of light over the land, and sought an injunction to prevent the development. The developer denied that any . .
CitedCGIS City Plaza Shares 1 Ltd and Another v Britel Fund Trustees Ltd ChD 13-Jun-2012
The claimants asserted a right of light either by prescription or under lost modern grant. The defendants argued that alterations in the windows arrangements meant that any prescription period was restarted.
Held: ‘the Defendant is not correct . .
Lists of cited by and citing cases may be incomplete.

Landlord and Tenant, Land

Updated: 06 May 2022; Ref: scu.222582

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