The following Property guidance note provides comprehensive and up to date legal information covering:
Depending on context, the Court of Appeal confirmed that rebuilding meant more than the reconstruction of the existing buildings. The fact that rebuilding has a restricted meaning in planning legislation or in a leasehold covenant, does not mean that it should bear a similarly restricted meaning in a right of entry provision.
The limited purposes for which the easement could be exercised (rebuilding or renewal to the property) had to be read in the context of the nature of the right. It was not a restrictive covenant giving the adjoining owner the right to object to the replacement of the existing buildings within the new development.
It must have been contemplated when the right was reserved that there would be possible changes to the land and buildings in the future. Therefore, reference to the property included not just the existing buildings on the land, but the land on which they stood.
Flexibility of meaning was required to make the right work in a sensible fashion. If rebui
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