Cases - Marine and General Mutual Life Assurance Society v St James' Real Estate Co Ltd

Record details

Name
Marine and General Mutual Life Assurance Society v St James' Real Estate Co Ltd
Date
[1991]
Citation
2 EGLR 178
Legislation
Keywords
Rights to light - abandonment - whether the blocking up of windows with masonry but leaving the sills and reveals in place amounted to abandonment - creation under the Prescription Act 1832 - whether the light had been enjoyed for the 20 years before the action was brought - creation by lost modern grant - whether had been created by lost modern grant - whether the right to light had been abandoned by blocking the windows - damages - whether damage should be assessed on the Wrotham Park basis - Prescription Act 1832, s. 3
Summary

This case concerned a threat to rights of light in Park Place, London SW1, by the defendant against the claimant, the owner of the freehold in that property, which was used as offices. A claim to injunction was not pursued at the trial.

The court sought to answer the following questions:

  1. Were apertures in place for sufficient time to allow an easement of light to have been acquired under section 3 of the Prescription Act 1832?
  2. Were rights of light to certain apertures (if found to have been acquired) abandoned by the infilling of these apertures by solid and permanent, but removable, infill panels?
  3. What damages for interference should be awarded?

The court found that the apertures had acquired a right of light, and that there had been no abandonment of the right to certain filled-in apertures. Damages were assessed at £18,000 in lieu of an injunction, and based on a comparable where an agreed sum of £25,000 had been paid by the defendant for the injury caused by the same development to a neighbour of the claimant in Park Place.