Q&As

Do rights of light provisions in a transfer of part bind the buyer’s successors in title? For example, on a sale of part from B to A: there is no express grant of rights of light to A and the transfer expressly prohibits A from acquiring a right to light over the retained land by implication or prescription. Will such provisions bind A’s successors in title?

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Produced in partnership with Sarah Finch of Hamlins
Published on LexisPSL on 29/05/2019

The following Property Q&A produced in partnership with Sarah Finch of Hamlins provides comprehensive and up to date legal information covering:

  • Do rights of light provisions in a transfer of part bind the buyer’s successors in title? For example, on a sale of part from B to A: there is no express grant of rights of light to A and the transfer expressly prohibits A from acquiring a right to light over the retained land by implication or prescription. Will such provisions bind A’s successors in title?
  • What is an easement or a right to light?
  • How can a right to light be obtained or transferred on the sale of a part of property?
  • Avoiding the creation of new easements or the transfer of existing easements
  • Prescription

Do rights of light provisions in a transfer of part bind the buyer’s successors in title? For example, on a sale of part from B to A: there is no express grant of rights of light to A and the transfer expressly prohibits A from acquiring a right to light over the retained land by implication or prescription. Will such provisions bind A’s successors in title?

This Q&A deals with a situation where party A is purchasing part of a property from party B and the transfer does not contain any express grant of rights to light and states that party A cannot acquire any rights to light either by prescription or impliedly over party B’s land.

Party A then sells its land. The provision in the transfer will be binding on successors in title assuming that it has been correctly registered.

What is an easement or a right to

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