The recent High Court case of CGIS City Plaza Shares 1 Ltd and another v Britel Fund [2012] EWHC 1594 gave consideration to a clause in a transfer of part which granted the transferee the right to develop its land even if this interfered with the transferor’s rights to light.

The High Court found that such a clause operated as a consent for the purposes of section 3 of the Prescription Act 1832 and therefore no prescriptive right to light could be acquired over the land transferred. The High Court rejected that this consent was personal and would not bind the retained land as a whole.

If you are looking to advice on easements you have over other land or easements over your land then contact Will Oakes on 01473 746000 for an initial free consultation or e-mail Will at will.oakes@attwells.com