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Ralph Kline Limited v Metropolitan and County Holdings Limited [2018] EWHC 64 (Ch)

Gary Cowen appeared for the Defendant and argued successfully that upon the true construction of a lease of a series of buildings in Finchley Road, London, the whole of the buildings including the roofs of the buildings had been demised to the lessee and that in the circumstances of this case, the airspace immediately above the roofs had also been demised. When a later lease of the airspace was granted to the claimant, the claimant's lease should therefore be registered as being subject to the Defendant's lease. The Judge, Edwin Johnson QC sitting as a Deputy Judge of the Chancery Division, applied Waites v Hambledon [2014]  EWHC 651 (Ch). The Judge also distinguished the proposition in Ali v Lane [2006] EWCA Civ 1532 that a later document could be admitted as an aid to construction as applying only to a boundary dispute and not a case such as the present where the issue was whether the airspace was included within the demised premises rather than finding the precise location of the boundary.

The judgment can be found here


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