RHJ Ltd v FT Patten (Holdings) Ltd & Anor

RHJ Ltd v FT Patten (Holdings) Ltd & Anor

A lease provision excepting and reserving to the lessor the right to build on adjoining land, even without express reference to light, can constitute an agreement within section 3 of the Prescription Act 1832 if, on its proper construction, it renders the enjoyment of light permissive and prevents the acquisition of an absolute and indefeasible right by prescription.

Parties
Claimant/appellant: RHJ Limited; Defendant/respondent: FT Patten (Holdings) Limited; Defendant/respondent: FT Patten Properties (Liverpool) Ltd
Jurisdiction
England and Wales
Judgment Date
12 March 2008
Procedural Posture
Civil Appeal / Court of Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Easements, Prescription, Rights to Light, Leasehold Covenants
Property Law Land Law Easements Prescription Rights to Light Leasehold Covenants

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Parties

RHJ Limited

Claimant/appellant

FT Patten (Holdings) Limited

Defendant/respondent

FT Patten Properties (Liverpool) Ltd

Defendant/respondent

Procedural Posture

Civil Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 What constitutes a 'consent or agreement' under section 3 of the Prescription Act 1832 sufficient to prevent the acquisition of a right to light by prescription?
  2. 2 Is an express reference to light required in the relevant lease provision to satisfy section 3 of the Prescription Act 1832?

Ratio Decidendi

A lease provision excepting and reserving to the lessor the right to build on adjoining land, even without express reference to light, can constitute an agreement within section 3 of the Prescription Act 1832 if, on its proper construction, it renders the enjoyment of light permissive and prevents the acquisition of an absolute and indefeasible right by prescription.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed.