Cases - Barnes v Allen

Record details

Name

Barnes v Allen

Date

[1927]

Citation

WN 217

Keywords

Rights of light

Summary

The freehold owner of no. 11 leased it to the defendant for a period of ten years. Number 10 was owned and occupied by the plaintiff. The plaintiff's property had rights to light over no. 11. With the consent of the freeholder, the defendant partially demolished the leased property and constructed new buildings on the land of greater height and width. The new buildings obstructed some of the plaintiff's windows. The plaintiff claimed a mandatory injunction against the defendant requiring it to pull down the new buildings. The judge held that where the freeholder was not a party to the action, a mandatory injunction could not be granted against the defendant lessee of the servient property. The effect of the injunction would be to order the lessee to pull down property belonging to his landlord. The court could not make an order for an injunction, unless the defendant was in a position to comply with it. As it was not the defendant's property, and the court was in no position to bind the freeholder because he was not party to the proceedings, no mandatory injunction was made.