Rights of light

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Practice notes
The Solicitors Regulation Authority’s (SRA) Handbook (SRA Handbook 2011) which contains the Solicitors Regulation Authority’s Code of Conduct (SRA...
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9th Nov
Practice notes
Effect of appointmentA fixed charge receiver is appointed under a legal charge or mortgage and only has power to deal with and dispose of the charged...
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9th Nov
Practice notes
Generally, the tenant remains liable for the rent even though the premises have become unusable. Consequently, leases normally contain a provision...
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9th Nov
Practice notes
There can be only one lease at a time giving a right to possession and occupation of property. Consequently, if a landlord subsequently grants a lease...
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9th Nov
Precedents
1 The Grantor grants to the Grantee the right for the Grantee and his successors in title as owners or occupiers for the time being of...
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9th Nov
Practice notes
TrespassTrespass is the unlawful presence of a person on land in the possession of another. The ownership of land includes the airspace above it....
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9th Nov
Practice notes
The rule against derogation from grant applies in addition to any obligation of quiet enjoyment. It is not excluded by an express covenant for quiet...
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9th Nov
Practice notes
In Scotland, at common law, a lease does not actually end on the specified expiry date (ish) unless:•either party gives correct and timeous...
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Produced in partnership with Kenneth S Gerber of Mitchells Roberton 12th Jan
Practice notes
When property markets suffer a downturn, commercial tenants with properties that are surplus to requirements face significant difficulties in...
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9th Nov
Practice notes
Manorial rights are relics of the feudal system of land tenure. They can still exist in relation to land that:•is former copyhold land, or•was...
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9th Nov
Practice notes
A benevolent fund is an institution, including a body of trustees, which holds funds on trust for the purpose of relieving poverty amongst a defined...
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9th Nov
Practice notes
The third edition of the Standard Commercial Property Conditions was published on 27 April 2017 a...
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9th Nov
Practice notes
On the disposition of a property (whether by way of conveyance, transfer or charge), the party making the disposition will normally provide a title...
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9th Nov
Practice notes
Disposal and devolutionThe equity of redemption arises as soon as the mortgage is made. It is an interest in the land which the mortgagor...
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9th Nov
Practice notes
The Standard Conditions of Sale (SCS), currently in their 5th edition (2018 revision), are a set of standard conditions which are commonly...
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9th Nov
Practice notes
Broadly, the doctrine of overreaching enables purchasers (which includes tenants and mortgagees) in good faith for money or money’s worth to rely...
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9th Nov

Most recent Rights of light content

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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15th May
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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15th May
Practice notes
Does a right to light exist?An owner of land has no natural right to light at common law. Accordingly, it must be established that the right has been...
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8th Apr
Practice notes
There are three different ways by which an easement can be implied at common law:•necessity•intended use•the rule in Wheeldon v BurrowsThe implied...
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8th Apr
Practice notes
Section 62 of the Law of Property Act 1925 (LPA 1925) (section 62) is, in essence, a word-saving device. However, it can also operate on a conveyance...
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8th Apr
Practice notes
This Practice Note sets out the issues that a developer should consider in respect of rights of light (ROL) insurance and the common requirements,...
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8th Apr
Precedents
Claim No. [insert claim number].[IN THE HIGH COURT OF JUSTICE[BUSINESS AND PROPERTY COURTS [OF ENGLAND AND WALES OR IN [insert location] OR [Specify...
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Produced in partnership with Browne Jacobson 5th Mar
Precedents
IntroductionA claim about rights of light will often be commenced under CPR 7 by using Claim form (N1), although in some cases the CPR Part 8...
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Produced in partnership with Browne Jacobson 5th Mar
Precedents
Date [insert date of deed in its full format DD-Month-Year]Parties1[insert full name of owner of dominant land][of [insert address] OR whose...
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26th Feb
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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25th Feb
Precedents
PRIVATE & CONFIDENTIAL[insert name and address of surveyor][insert date]Dear [insert name of surveyor][insert case heading]INSTRUCTIONS TO ACT AS...
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Produced in partnership with Kate Andrews of Hamlins 12th Feb
Q&As
There are several ways by which an easement can be implied a conveyance or transfer by the common law or statute:•(1) necessity•(2) intended use•(3)...
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Produced in partnership with Desmond Kilcoyne 22nd Jan
Q&As
There are a number of general rules which apply to all three ways in which an easement can be established by prescriptive user (see Practice Note:...
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Produced in partnership with Desmond Kilcoyne 22nd Jan
Q&As
The shadows cast over a garden or building by trees or hedges do not amount to a cause of action at common law (eg in trespass or nuisance). A right...
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Produced in partnership with Desmond Kilcoyne 22nd Jan
Q&As
It is common practice for releases of easements to be made with limited, full or no title guarantee. By way of example see the deed of release located...
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29th Nov

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