Source: All England Reporter
Publisher Citation: [2012] All ER (D) 62 (Jun)
Neutral Citation: [2012] EWHC 1594 (Ch)
Court: Chancery Division
Judge:

William Trower QC sitting as a deputy judge of the High Court

Representation Katherine Holland QC (instructed by Taylor Wessing LLP) for the claimants.
  Michael Barnes QC (instructed by Nabarro LLP) for the defendant.
Judgment Dates: 13 June 2012

Catchwords

Easement - Light - Interference with light - Remedies - Claimants owning commercial premises - Defendant owning adjacent commercial premises - Claimants alleging having right to easement of light and right obstructed by defendant's property - Claimants seeking declaration that entitled to easement or easements of light pursuant to relevant statutory provision - Whether claimants entitled to declaration - .

The Case

Easement Light. The Chancery Division held that, on the true construction of a clause in a conveyance between the previous owners of two properties, the claimants were not entitled, pursuant to the to an easement or easements of light with respect to windows of their property.

Practice Areas

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