Hannan and Hannan v Healey and Healey 2013 to 2014

The purpose of this paper is to demonstrate the application of the ratio in Ankerson v Connelly 1906 2Ch 544(Ch) and 1907 1Ch 678(CA) to a modern domestic right to light situation and the need for rights of light surveyors to be aware of relevant case law when advising their client.

This paper adopts a case study approach describing the circumstances of the case, the approach of the appointed experts and the decision of the court.

The court found for the Respondent in that the Dominant Owner’s property had been altered to create an additional burden upon the Servient Owner and the altered part of the Dominant Owner’s property had not yet acquired an independent right to light through prescription.

This is an unreported case that illustrates the application of a case decided over 100 years ago.