Rights of light, other easements and covenants

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Q&As
In principle, equity follows the law and rights which a party can have at law are, broadly, capable also of existing in equity. Accordingly, a right...
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Produced in partnership with Desmond Kilcoyne 19th May
Q&As
When purchasing property (either freehold or leasehold, residential or commercial), usually a deposit is payable on exchange of contracts, which will...
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Produced in partnership with Kate Andrews of Hamlins 19th May
Practice notes
A surrender by operation of law (or ‘implied surrender’) occurs when the unequivocal conduct of both parties is inconsistent with the continuation of...
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19th May
Practice notes
This Practice Note provides guidance on claims for ‘use and occupation’ or mesne profits, and how and when double rent or double value can be...
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19th May
Practice notes
This Practice Note explains how to ascertain the location of property boundaries: the general boundaries rule that applies to HM Land Registry title...
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19th May
Q&As
This Q&A addresses the question of when a landlord, having served notice on a former tenant or a guarantor for payment of arrears pursuant to the...
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Produced in partnership with Alex Campbell of Arden Chambers 19th May
Practice notes
This Practice Note sets out what interim rent is, when an interim rent application can be made under the Landlord and Tenant Act 1954 (LTA 1954) and...
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19th May
Practice notes
This Practice Note considers the remedy of rectification for unilateral mistake. For rectification for common mistake, see Practice Note:...
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19th May
Practice notes
This Practice Note summarises the light obstruction notice (LON) procedure, explains the 19 years and 1 day rule and its relevance in respect of...
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19th May
Practice notes
Coronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and tribunals have been...
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19th May
Q&As
Pursuant to section 12 of the Torts (Interference with Goods) Act 1977 (T(IG)A 1977), involuntary bailees of goods are afforded the ability to sell...
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Produced in partnership with Georgia Whiting of 4 King’s Bench Walk 19th May
Practice notes
This Practice Note discusses issue that arise in proprietary estoppel in a property context. For a general discussion of proprietary estoppel, see...
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19th May
Q&As
Assuming that the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA 1996) claim is to proceed as a CPR 7 claim (a CPR 8 claim—for which...
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Produced in partnership with Desmond Kilcoyne of 42 Bedford Row 19th May

Most recent Rights of light, other easements and covenants content

Practice notes
Rentcharges—apportionment, termination and enforcementCoronavirus (COVID-19): the coronavirus pandemic has caused the UK to expedite new insolvency...
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23rd Sep
Practice notes
Vacant possession strategy for redevelopmentCoronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in...
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Produced in partnership with Jill Carey of Freeths 22nd Sep
Practice notes
Rights of light—obstruction noticesThis Practice Note summarises the light obstruction notice (LON) procedure, explains the 19 years and 1 day rule...
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9th Sep
Q&As
Would a release of a right of way acquired through long use be effective if signed under hand rather than executed as a deed? Both the dominant and...
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7th Sep
Q&As
Can an easement be silent on whether it is exclusive or not?The grant of an easement does not give the owner of the dominant land exclusive use of the...
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19th Aug
Practice notes
Declaratory relief of planning decisionsA declaratory judgment is a judgment identifying the rights, duties or obligations of one or more parties in a...
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18th Aug
Practice notes
Overriding easements and other rightsIntroductionSection 203 of the Housing and Planning Act 2016 (HPA 2016) confers powers to override easements and...
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18th Aug
Practice notes
Quick guide to where to issue common property dispute applicationsCoronavirus (COVID-19): During the current pandemic, legislation and changes to...
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18th Aug
Q&As
Could prescriptive rights be acquired by long user through grazing horses on land, even though the site is not fenced nor enclosed?The essence of...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 13th Aug
Precedents
Order for Interim Injunction in right of light proceedingsClaim No. [insert claim number].[IN THE HIGH COURT OF JUSTICE[BUSINESS AND PROPERTY COURTS...
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Produced in partnership with Browne Jacobson 10th Aug
Precedents
Particulars of claim for right of light claimClaim No. [insert claim number].[IN THE HIGH COURT OF JUSTICE[BUSINESS AND PROPERTY COURTS [OF ENGLAND...
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Produced in partnership with Browne Jacobson 10th Aug
Precedents
Deed of release of rights of lightDate [insert date of deed in its full format DD-Month-Year]Parties1[insert full name of owner of dominant land][of...
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10th Aug
Precedents
Acknowledgement to prevent acquisition of right of way by prescriptionFrom: [insert name and address of user of the route]To: [insert name and address...
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10th Aug
Precedents
Letter of instruction to rights of light surveyor—instructed by proposed developerPRIVATE & CONFIDENTIAL[insert name and address of surveyor][insert...
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Produced in partnership with Kate Andrews of Hamlins 10th Aug
Q&As
What should be included in a pre-action letter to be sent to a neighbour who has parked over a right of way?Pre-action correspondenceThe CPR require...
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10th Aug
Q&As
What is the limitation period for bringing a claim for an injunction or damages once a right of light is established?The wrongful interference with an...
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10th Aug
Q&As
Can an easement be acquired where a house owner has accessed an adjacent village playing field for 20 years—without force, secrecy or permission—by...
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10th Aug

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