Will two overlooked covenants for “enjoyment of light” prevent a fire station at Saughall Massie from happening?
Today I read Land Registry title number MS503610 which covers various properties and includes thirteen of the properties owned by Wirral Partnership Homes Limited (who trade as Magenta Living) that are adjacent to the proposed fire station in Saughall Massie.
One of the entries in title MS503610 states the following:
“5. The right to the unimpeded access and enjoyment of light and air to all windows in the buildings now on the Retained Land from or over such part of the Property provided that nothing expressed or implied in this Transfer shall prevent the Transferee from developing the Property.”
This is about the landlord’s right to light.
“By Transfers of adjacent or neighbouring land pursuant to Chapter 1 of Part 1 of the Housing Act 1980 or Part V of the Housing Act 1985, the land in this title has the benefit of and is subject to the easements and other rights prescribed by paragraph 2 of Schedule 2 to the Housing Act 1980 or paragraph 2 of Schedule 6 to the Housing Act 1985.”
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