Rights of light

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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 content

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
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 23rd 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
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
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 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 a freeholder and a leaseholder both obtain prescriptive rights of light, and if so how should any compensation be apportioned?A freeholder or a...
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10th Aug
Q&As
If a lease excludes section 62 of the Law of Property Act 1925, does this prevent a leaseholder from acquiring a right to light?The benefit of a right...
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10th Aug
Precedents
Rights of light—Light Obstruction Notice—Tracking scheduleThis Precedent schedule can be used to track the service and receipt of Light Obstruction...
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10th Aug
Precedents
Drafting note for claim form in right of light proceedingsIntroductionA claim about rights of light will often be commenced under CPR 7 by using Claim...
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Produced in partnership with Browne Jacobson 10th Aug
Precedents
Vacant possession strategy—scheduleCoronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the...
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10th Aug
Q&As
Can a Rent Act tenant (under Rent Act 1977) acquire a right to light against an adjoining owner?A tenant can acquire a right of light for the benefit...
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10th Aug
Practice notes
Establishing and maintaining rights of lightDoes a right to light exist?An owner of land has no natural right to light at common law. Accordingly, it...
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9th Aug
Practice notes
The Upper Tribunal (Lands Chamber)—practice and procedureFORTHCOMING CHANGE: The Telecommunications Infrastructure (Leasehold Property) Act 2021...
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9th Aug
Practice notes
Rights of light—insurance for developersThis Practice Note sets out the issues that a developer should consider in respect of rights of light (ROL)...
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9th Aug
Practice notes
Rights of light claimsIs there an interference with the right to light?Where a right of light has been established (see Practice Note: Establishing...
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9th Aug

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