CGIS City Plaza Shares 1 Ltd & Anor v Britel Fund Trustees Ltd

CGIS City Plaza Shares 1 Ltd & Anor v Britel Fund Trustees Ltd

The 1967 Conveyance authorises the owner of the Defendant’s Property to interfere with light enjoyed by City Plaza irrespective of the identity of the proprietor, and this authority extends to successors in title. Therefore, the proviso to section 3 of the Prescription Act 1832 is engaged, and no absolute and indefeasible prescriptive right to light has arisen in favour of the Claimants.

Parties
Claimant: CGIS City Plaza Shares 1 Limited; Claimant: CGIS City Plaza Shares 2 Limited; Defendant: Britel Fund Trustees Limited
Jurisdiction
England and Wales
Judgment Date
13 June 2012
Procedural Posture
Civil / Judgment
Outcome
Claim dismissed
Legal Topics
Rights to Light, Prescription Act 1832, Construction of Conveyance, Restrictive Covenants
Property Law Easements Rights to Light Prescription Act 1832 Construction of Conveyance Restrictive Covenants

Case Brief

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Parties

CGIS City Plaza Shares 1 Limited

Claimant

CGIS City Plaza Shares 2 Limited

Claimant

Britel Fund Trustees Limited

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the 1967 Conveyance authorises interference with light irrespective of ownership of City Plaza
  2. 2 Whether prescriptive rights to light have been acquired under the Prescription Act 1832
  3. 3 Effect of alterations to windows on prescriptive rights

Ratio Decidendi

The 1967 Conveyance authorises the owner of the Defendant’s Property to interfere with light enjoyed by City Plaza irrespective of the identity of the proprietor, and this authority extends to successors in title. Therefore, the proviso to section 3 of the Prescription Act 1832 is engaged, and no absolute and indefeasible prescriptive right to light has arisen in favour of the Claimants.

Court Disposition

Claim dismissed