Jurisdiction(s):
United Kingdom

EWHC: 1970 lease included roof and airspace - drafting must expressly reserve airspace (Ralph Kline Ltd v Metropolitan and County Holdings Ltd)

Published on: 11 June 2018

Published by a LexisNexis Property expert

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Article summary

Ralph Kline Limited v Metropolitan and County Holdings Limited [2018] EWHC 64 (Ch), [2018] All ER (D) 160 (Jan)

What are the practical implications of the judgment?

The principal consequences of this decision fall on the drafting of leases. Contemporary construction methods enable increasingly imaginative exploitation of the airspace above building roofs. In tightly populated urban districts, both the right to construct within that airspace and the right to enter it can therefore carry significant worth. When acting for a landlord who intends to reserve the building’s airspace, the lease should make this exclusion explicit within the definition of the demised premises. The effect of the judgment is that those preparing leases for landlords must expressly address airspace. Comparable care is required in managing the ramifications of omitting airspace from the demise—for example, how this bears upon any repairing and insurance obligations, and the rights of access needed to undertake repairs. The case also illustrates judges’ ongoing willingness to interpret leases in a commercial manner and to have regard to the context of the document as a whole, rather than concentrate solely on...

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