Rights Of Light: Questions and answers – part 3

Serle Court | Property Law Journal | November 2014 #326
Andrew Francis deals with the more complex rules that lie behind the topics covered in the first two rights of light Q&As ‘Enjoyment may be asserted by lessees even against their own landlord. This rule is unique to rights of light asserted under s3.’ Question 1 What technical rules apply to the acquisition of a …

Continue reading "Rights Of Light: Questions and answers – part 3"

This post is only available to members.

Rights Of Light: Questions and answers – part 2

Serle Court | Property Law Journal | October 2014 #325
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 …

Continue reading "Rights Of Light: Questions and answers – part 2"

This post is only available to members.

Rights Of Light: Heaney revisited

Nabarro LLP | Property Law Journal | May 2011 #269
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 …

Continue reading "Rights Of Light: Heaney revisited"

This post is only available to members.