Cases - Lord Battersea v Commissioners of Sewers for the City of London
Record details
- Name
- Lord Battersea v Commissioners of Sewers for the City of London
- Date
- (1895)
- Citation
- 2 Ch. 708
- Legislation
- Keywords
- Rights of light - Prescription Act 1832
- Summary
-
The plaintiffs were lessees of land opposite land belonging to the defendant. In October 1875 buildings had been demolished on the defendant's land and, since then, only low level buildings had been built. However, in 1895 the defendant started to construct higher office buildings. The plaintiffs started an action in July 1895 claiming an injunction to restrain the defendant from interfering with their rights to light under section 3 of the Prescription Act. This was only 19 and three-quarter years after the demolition of the original buildings. The judge held that no action could be brought until the expiry of the full 20-year period.