Court Considers Leasehold Interests In Empty Air Space
In a case which involved an interesting analysis of leasehold interests in empty air space, the High Court has stymied a developer's controversial plans to build flats above two garage blocks, many of the tenants of which objected to the proposals.
Arizona (I-Newswire) April 18, 2014 -
In a case which involved an interesting analysis of leasehold interests in empty air space, the High Court has stymied a developers controversial plans to build flats above two garage blocks, many of the tenants of which objected to the proposals.
The garages were held under 999-year leases. The freeholder of the premises had granted a lease of the air space above them to a developer who proposed to fill that space with two new flats. The majority of the garage tenants were opposed to the plans, which had also caused issues between the developer and the freeholder.
The Court noted that, if all parties had been agreeable, it would have been sensible to demolish the 1960s-built garages and start again. However, as the parties were not prepared to adopt that approach, the developer had proposed suspending the flats above the garages on steel columns resting upon their own foundations.
On a correct reading of the garage leases, the Court found that the demised premises included not only floors, doors and walls of the buildings but also their roofs, the sub-soil beneath them and the air space above them.
Although there was nothing in principle to prevent erection of the steel columns, the proposed flats could not protrude beyond the garages and the tenants would be able to complain of trespass to their foundations and sub-soil. In those circumstances, the Court acknowledged that the proposed development cannot proceed.
About SEO Samba
SEO Samba is a web marketing software as a service platform where websites are built to increase per More..formances with search engines. SEO Samba automatically executes search engine optimization techniques, and market products & services to an ever increasing number of free Internet marketing websites, directories, and search engines.
Ideal for small businesses, and ecommerce merchants, Samba can also be private labeled by directories, certified marketing representatives, SEO firms and Web agencies. For more information about SEO Samba, visit http://www.seosamba.com or contact firstname.lastname@example.org, and in the US: +(1 ) 877.450-9894 or in Europe at +(33) 675637635Less..
2140 S Dupont Highway
Phone : (877) 450.9894
Tags:Development developer Lease commercial litigation tenant high court commercial rents community trade mark court of appeal Civil Procedure rules commercial law firm uk
Published in:Legal / Law
Published On:April 18, 2014
Print Release:Print Release
If you have questions regarding information in this press release contact the company listed above. I-Newswire.com is a press release service and not the author of this press release.The information that is on or available through this site is for informational purposes only and speaks only as of the particular date or dates of that information. As some companies and PR Agencies submit their press releases once per week,month or quarter, make sure to check the official company website for accurate release dates as our site displays the I-Newswire.com press release distribution date only.We do not guarantee the accuracy or completeness of information on or available through this site, and we are not responsible for or omissions in that information or for actions taken in reliance on that information.