Rights of light

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Practice notes
A review of Standard Commercial Property Conditions (Third Edition) and practical tipsThe Third EditionThe third edition of the Standard Commercial...
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19th May
Practice notes
Overriding interests are interests which are binding on property even though they are not shown on the register. They bind both the registered...
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19th May
Practice notes
What is a headline rent?In a falling market, landlords frequently offer tenants financial inducements to take a lease in order to maintain the level...
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19th May
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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19th May
Q&As
A deed (such as a TR1) is valid and binding if the essential ingredients of execution as a deed, attestation and delivery as a deed are all present:...
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19th May
Practice notes
A starter tenancy is an assured shorthold tenancy granted by a registered provider of social housing (RP) and is similar to a local authority...
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19th May
Practice notes
Ownership, leasing or any other permitted use of land normally requires access to it to obtain the benefit of the land. The public are allowed to use...
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Produced in partnership with Stuart King of Blackadders and Melanie Ballantyne of Blackadders 19th May
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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19th May
Precedents
Date [date]Parties1[name of (first) Seller] [and [name of second Seller] both] [of OR incorporated in England and Wales (with company registration...
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19th May
Practice notes
No suspension impliedA suspension of rent is not implied even where the tenant pays the cost of insurance. The tenant remains liable for the rent even...
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19th May
Practice notes
Is the agreement a grazing licence or farm business tenancy?What is a grazing licence?A grazing licence is an agreement under which a landowner allows...
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19th May
Practice notes
Defects in design, faulty installation or the use of inappropriate or inadequate materials when building a property can lead to significant problems...
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19th May
Precedents
EXPLANATORY NOTE: IN THIS PRECEDENT, INSERT THE NAME OF THE GUARANTOR WHERE PROMPTED TO DO SO. OTHERWISE, TO KEEP THIS DECLARATION IN LINE WITH THE...
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19th May
Q&As
The Law of Property (Miscellaneous Provisions) Act 1994 (LP(MP)A 1994) sets out a number of covenants to be implied on a disposition of property,...
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Produced in partnership with Carl Fain of Tanfield Chambers 19th May
Practice notes
See Practice Note: Modification and discharge of restrictive covenants—the statutory route in relation to the statutory route.Express releaseA...
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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
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
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 are the remedies/options available to someone whose neighbour has planted trees (less than two metres in height) in front of their property...
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Produced in partnership with Desmond Kilcoyne 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
Q&As
Do tenants of a commercial building need to be joined to a Deed of Release of Easement (eg rights of access for light and air)?For the purposes of...
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10th Aug
Q&As
What is the significance of full or limited title guarantee in the context of a release of rights of light?It is common practice for releases of...
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10th Aug
Q&As
How does the length of time affect the right to an implied easement?There are several ways by which an easement can be implied a conveyance or...
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Produced in partnership with Desmond Kilcoyne 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
Practice notes
Implied easements—common lawThere are three different ways by which an easement can be implied at common law:•necessity•intended use•the rule in...
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10th Aug
Practice notes
Easements—LPA 1925, s 62 and permissionsSection 62 of the Law of Property Act 1925 (LPA 1925) (section 62) is, in essence, a word-saving device....
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9th 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
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
Q&As
Can a tenant obtain an easement by prescription (other than a right to light) over land owned by its landlord?There are a number of general rules...
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Produced in partnership with Desmond Kilcoyne 1st Aug

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