Cases - Dorrington Belgravia Ltd v McGlashan
Record details
- Name
- Dorrington Belgravia Ltd v McGlashan
- Date
- [2009]
- Citation
- 08 EG 116
- Legislation
- Keywords
- Dilapidations case law - rights of light
- Summary
-
The defendants leased a residential property which had a flat roof incorporating three skylights. Their landlord obtained planning permission for a development to add an extra storey to the property.
The main issue was whether the roof and airspace of the property was demised to the defendants. The claimant also argued however that, if he did own the airspace, he was entitled to develop notwithstanding that it would block the skylights.
On a true construction of the defendants’ lease the roof and airspace fell within the defendants’ demise. Further, blocking the skylights would be an actionable interference because it would render the premises materially less fit for the purpose for which they were let so would amount to a derogation from grant.
The implications are that a skylight is an aperture whose purpose is to admit light. A right of light can therefore be acquired through a skylight. When assessing whether rights of light have been obtained or interfered with consideration should be given to apertures other than windows, such as skylights or sloping glass roofs.