CGIS City Plaza Shares Ltd v Britel Fund Trustees Ltd [2012] EWHC 1594 (Ch)

Rights To Light: A trick of the light

What is and what is not a consent under s3 of the Prescription Act 1832 can be a tricky question to answer, as Andrew Francis finds out ‘Quite apart from whether the provision is a consent within s3, another commonly encountered issue is whether the provision can bind, or benefit, successors in title.’ Section 3 …

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Rights Of Light: Questions and answers – part 3

Andrew Francis deals with the more complex rules that lie behind the topics covered in the first two rights of light Q&As ‘Enjoyment may be asserted by lessees even against their own landlord. This rule is unique to rights of light asserted under s3.’ Question 1 What technical rules apply to the acquisition of a …

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Case Round Up

Paul Tonkin summarises recent case law Mortgagee’s losses on fraudulent sale Godiva Mortgages Ltd v Khan [2012] In this case, Godiva lent £321,750 to Mrs Khan in the belief that it would acquire a legal charge over a property that she was purchasing. In fact, it transpired that there was no purchase as the purported …

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Rights Of Light: Shining a light on interpretation

Emma Humphreys and Andrew Francis assess a case where the court was required to interpret consents given in a 1967 conveyance ‘The parties were agreed that a finding on the first issue (ie relating to the construction of the 1967 conveyance) in the defendant’s favour meant that the second issue would become irrelevant, but the …

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