Cases - Celsteel Ltd v Alton House Holdings
Record details
- Name
- Celsteel Ltd v Alton House Holdings
- Date
- (1986)
- Citation
- 1 WLR 512
- Legislation
- Keywords
- Easements - Rights of light
- Summary
-
The lessor (the first defendant) owned a multi-storey block of flats. It had granted a 99-year lease of a large part of the ground floor to an oil company (the second defendant). The lease authorised the oil company to build a car wash. The plaintiffs were lessees from the first defendant of flats in the same block and had a right of way to their garages on the ground floor. They brought an action against both the lessor and the oil company, claiming injunctions against both defendants preventing them from blocking the right of way by constructing the car wash. The Court of Appeal decided that the judge had been wrong to order an injunction against the lessor, restraining it from interfering with the plaintiffs' right of way. This was because, having granted the 99-year lease, the lessor had no power to interfere any further with the plaintiffs' right of way by the construction of the car wash.