The court was asked as to the effect of changes in the fenestration on acquired rights of light.
Held: Whether there is a sufficient coincidence to justify the retention of an enjoyment of the same light will depend on whether the new facade has ‘windows to some extent in the same position as the old windows’.
Judges:
Farwell J
Citations:
[1931] 2 Ch 402
Jurisdiction:
England and Wales
Cited by:
Cited – CGIS 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.
Land
Updated: 02 June 2022; Ref: scu.463815