“…88) albeit that they were rejected on their facts. The right was recognised as being capable of being an easement by the House of Lords in Moncrieff v Jamieson [2007] 1 WLR 2620. It is not necessarily clear, therefore, that the reasonable reader of the 1969 Headlease reading paragraph (iii) of the reservation in 1969 would not have con…”
“…sement; this was an issue which would have been approached by reference to the principles set out by the House of Lords in Moncrieff v Jamieson [2007] UKHL 42; [2007] 1 WLR 2620. (“Moncrieff”)…”