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Salvage Wharf v G&S Brough

Citation[2009] EWCA Civ 21; [2010] Ch. 11

Keywords: Rights to light, easements, oversailing agreement.

An oversailing agreement under which the respondent agreed that a development project, the Cube in Birmingham, might have adverse effects on its right to light was not a consent or agreement of the kind referred to in s3 Prescription Act 1832 meaning that it had lost its right to light. The light obstruction notice registered by the appellant was cancelled.

John de Waal acted for the Claimant (the Respondent in the Court of Appeal).