Easements: The right to light and trees

Raymond Cooper explores whether trees which interfere with a right to light can give rise to a cause of action in nuisance or otherwise ‘A right to light can be created in a number of ways, the commonest of which are express or implied grant and common law or statutory prescription.’ Although there is no …
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Rights To Light: A trick of the light

What is and what is not a consent under s3 of the Prescription Act 1832 can be a tricky question to answer, as Andrew Francis finds out ‘Quite apart from whether the provision is a consent within s3, another commonly encountered issue is whether the provision can bind, or benefit, successors in title.’ Section 3 …
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Rights Of Light: Questions and answers – part 4

In the fourth of his continuing series, Andrew Francis considers how rights of light can be overriden, their abandonment and remedies in case of dispute ‘Ultimately whether there has been abandonment will be a question of evidence and the mere existence of blocked-up apertures is not the end of the story.’ Question 1 How can …
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Rights Of Light: Questions and answers – part 2

How is light measured, how are damages assessed and how is an actionable interference established? Andrew Francis answers some pertinent questions relating to rights of light ‘The ultimate question will be whether the reasonable beneficial use and enjoyment of the room (or the building) is affected.’ Question 1 How is light measured in rights of …
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Case And Legislative Round-Up: Keeping up to date

Leona Briggs and Gary Lawrenson provide a snapshot of recent developments in case law and legislation ‘Watch this space! Although the current position is that all qualifying works in a year are to be calculated as one set of works, we understand an application for permission to appeal out of time has been made by …
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Rights Of Light: A perfect opportunity for reform

Nick Lloyd reviews the Law Commission’s proposals and their likely impact Despite what are welcome changes of emphasis in the statutory test, developers may still be concerned that the continued wide discretion will still lead to what is perceived to be an inconsistent approach by the court to the exercise of that discretion. The Law …
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Rights Of Light: Heaney revisited

Gemma Mills and Nick Lloyd discuss the court’s discretion to award damages in lieu of injunctive relief ‘In Heaney, the neighbouring owner was not criticised, nor prevented from obtaining an injunction, for failing to issue proceedings at an earlier stage.’In HKRUK II (CHC) Ltd v Marcus Alexander Heaney [2010], the Chancery Division: dismissed a developer’s …
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