LEXISNEXIS_ICON4_SIGNINSign-in LEXISNEXIS_ICONS_SUPPORTHelp

Rights of light

View Property by content type:

News
Practice notes
Precedents
Q&As

Latest Property News

Property weekly highlights—16 September 2021

Property weekly highlights—16 September 2021

The following Property news provides comprehensive and up to date legal information on Property weekly highlights—16 September 2021

End of insolvency temporary provisions—introduction of new temporary provisions

End of insolvency temporary provisions—introduction of new temporary provisions

The following Banking & Finance news provides comprehensive and up to date legal information on End of insolvency temporary provisions—introduction of new temporary provisions

UK parking nightmare—what is happening with NCP’s restructuring plan?

UK parking nightmare—what is happening with NCP’s restructuring plan?

The following Property Disputes news provides comprehensive and up to date legal information on UK parking nightmare—what is happening with NCP’s restructuring plan?

Whose fraud is it anyway? The effect of forgery and the defence of illegality on equitable property interests (Victus (2) v Munroe; Benjamin v Victus (1))

Whose fraud is it anyway? The effect of forgery and the defence of illegality on equitable property interests (Victus (2) v Munroe; Benjamin v Victus (1))

The following Dispute Resolution news provides comprehensive and up to date legal information on Whose fraud is it anyway? The effect of forgery and the defence of illegality on equitable property interests (Victus (2) v Munroe; Benjamin v Victus (1))

Featured Property content

Resulting trusts

Resulting trusts

Resulting trusts represent one of the three types of trust which do not require to be declared or evidenced in writing. The others are constructive...

Easements and perpetuities

Easements and perpetuities

Drafting—2009 ActThe Perpetuities and Accumulations Act 2009 effectively disapplies the rule against perpetuities from future easements granted on or...

Title guarantee and covenants for title

Title guarantee and covenants for title

On the disposition of a property (whether by way of conveyance, transfer or charge), the party making the disposition will normally provide a title...

What is a certificate of title?

What is a certificate of title?

A certificate of title (also known as a certificate on title) is a particular species of report on title.When solicitors are instructed to investigate...

Practice notes

A review of Standard Commercial Property Conditions (Third Edition) and practical tips

A review of Standard Commercial Property Conditions (Third Edition) and practical tipsThe Third EditionThe third edition of the Standard Commercial...
Read More >
19th May
Practice notes

Occupiers and overriding interests

Overriding interests are interests which are binding on property even though they are not shown on the register. They bind both the registered...
Read More >
19th May
Practice notes

Headline rents

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...
Read More >
19th May
Practice notes

Derogation from grant and the covenant for quiet enjoyment

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...
Read More >
19th May
Q&As

If a transfer deed (TR1) has been signed by both the transferor and transferee, the transferor dies and then the TR1 is dated after death of the transferor (in error), is it still valid?

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:...
Read More >
19th May
Practice notes

Starter tenancies

A starter tenancy is an assured shorthold tenancy granted by a registered provider of social housing (RP) and is similar to a local authority...
Read More >
19th May
Practice notes

Dealing with rights of access in property transactions—Scotland

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...
Read More >
Produced in partnership with Stuart King of Blackadders and Melanie Ballantyne of Blackadders 19th May
tag iconScottish Law
Practice notes

Rent suspension or cesser

Generally, the tenant remains liable for the rent even though the premises have become unusable. Consequently, leases normally contain a provision...
Read More >
19th May
Precedents

Contract for sale—agricultural land—freehold, vacant possession

Date [date]Parties1[name of (first) Seller] [and [name of second Seller] both] [of OR incorporated in England and Wales (with company registration...
Read More >
19th May
Q&As

What happens to an under lease/sub-lease when the landlord of the under lease lawfully assigns the head lease to the tenant of the under lease so that the tenant of the under lease in effect becomes the tenant of the superior landlord as he has been assigned the head lease? Is the under lease automatically extinguished or does it merge with the head lease?

What is merger?A lease terminates as a result of merger when both the lease and the reversion of that lease become vested in the same person—see Rye v...
Read More >
19th May
Practice notes

Tenant’s insurance issues—rent suspension

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...
Read More >
19th May
Practice notes

Is the agreement a grazing licence or farm business tenancy?

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...
Read More >
19th May
Practice notes

Who is liable for inherent defects?

Defects in design, faulty installation or the use of inappropriate or inadequate materials when building a property can lead to significant problems...
Read More >
19th May
Precedents

Simple declaration to exclude Part II Landlord and Tenant Act 1954 (guarantor)

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...
Read More >
19th May
Q&As

Do the implied covenants under a full title guarantee in section 2 of the Law of Property (Miscellaneous Provisions) Act 1994 apply to a grant of a lease? To what extent do they apply to a grant of a lease?

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,...
Read More >
Produced in partnership with Carl Fain of Tanfield Chambers 19th May
Practice notes

Modification and release of restrictive covenants—the non-statutory route

See Practice Note: Modification and discharge of restrictive covenants—the statutory route in relation to the statutory route.Express releaseA...
Read More >
19th May

Most recent Rights of light content

Practice notes

Rights of light—obstruction notices

Rights of light—obstruction noticesThis Practice Note summarises the light obstruction notice (LON) procedure, explains the 19 years and 1 day rule...
Read More >
9th Sep
Practice notes

Overriding easements and other rights

Overriding easements and other rightsIntroductionSection 203 of the Housing and Planning Act 2016 (HPA 2016) confers powers to override easements and...
Read More >
18th Aug
Precedents

Particulars of claim for right of light claim

Particulars of claim for right of light claimClaim No. [insert claim number].[IN THE HIGH COURT OF JUSTICE[BUSINESS AND PROPERTY COURTS [OF ENGLAND...
Read More >
Produced in partnership with Browne Jacobson 10th Aug
Precedents

Deed of release of rights of light

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...
Read More >
10th Aug
Precedents

Letter of instruction to rights of light surveyor—instructed by proposed developer

Letter of instruction to rights of light surveyor—instructed by proposed developerPRIVATE & CONFIDENTIAL[insert name and address of surveyor][insert...
Read More >
Produced in partnership with Kate Andrews of Hamlins 10th Aug
Q&As

With reference to positive covenants in transfers—protecting positive obligations—checklist, in the context of a covenant protected by a chain of indemnity covenants, does the successor in title to the original covenantee enforce the covenant against the original covenantor or their successors in title?

With reference to positive covenants in transfers—protecting positive obligations—checklist, in the context of a covenant protected by a chain of...
Read More >
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 blocking their light?

What are the remedies/options available to someone whose neighbour has planted trees (less than two metres in height) in front of their property...
Read More >
Produced in partnership with Desmond Kilcoyne 10th Aug
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?

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...
Read More >
Produced in partnership with Sarah Finch of Hamlins 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?

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...
Read More >
10th Aug
Q&As

Under paragraph 2(1)(b) of Schedule 6 to the Housing Act 1985, right to buy conveyances and leases shall have ‘rights to the access of light and air to a building or part of a building’. Does access to light have the same meaning as and constitute a right to light?

Under paragraph 2(1)(b) of Schedule 6 to the Housing Act 1985, right to buy conveyances and leases shall have ‘rights to the access of light and air...
Read More >
Produced in partnership with Alexander Campbell of Field Court Chambers 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)?

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...
Read More >
10th Aug
Q&As

What is the significance of full or limited title guarantee in the context of a release of rights of light?

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...
Read More >
10th Aug
Q&As

How does the length of time affect the right to an implied easement?

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...
Read More >
Produced in partnership with Desmond Kilcoyne 10th Aug
Precedents

Drafting note for claim form in right of light proceedings

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...
Read More >
Produced in partnership with Browne Jacobson 10th Aug
Practice notes

Implied easements—common law

Implied easements—common lawThere are three different ways by which an easement can be implied at common law:•necessity•intended use•the rule in...
Read More >
10th Aug
Practice notes

Easements—LPA 1925, s 62 and permissions

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....
Read More >
9th Aug
tag iconIn-house
Practice notes

Establishing and maintaining rights of light

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...
Read More >
9th Aug
Practice notes

Rights of light—insurance for developers

Rights of light—insurance for developersThis Practice Note sets out the issues that a developer should consider in respect of rights of light (ROL)...
Read More >
9th Aug
Practice notes

Rights of light claims

Rights of light claimsIs there an interference with the right to light?Where a right of light has been established (see Practice Note: Establishing...
Read More >
9th Aug
Q&As

Can a tenant obtain an easement by prescription (other than a right to light) over land owned by its landlord?

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...
Read More >
Produced in partnership with Desmond Kilcoyne 1st Aug

Popular documents

European Insurance and Occupational Pensions Authority (EIOPA)

European Insurance and Occupational Pensions Authority (EIOPA)

European Insurance and Occupational Pensions Authority (EIOPA)BREXIT: 11pm (GMT) on 31 December 2020 (‘IP completion day’) marked the end of the Brexit transition/implementation period entered into following the UK’s withdrawal from the EU. Following IP completion day, key transitional arrangements

Perverting the course of justice

Perverting the course of justice

Perverting the course of justiceElements of the offence of perverting the course of justicePerverting the course of justice is a common law offence which can only be tried on indictment in the Crown Court. The elements of the offence are:•a person acts or embarks on a course of conduct•which has a

Sentencing fraud offences committed by individuals

Sentencing fraud offences committed by individuals

Sentencing fraud offences committed by individualsThe Sentencing Council (SC) has produced sentencing guidelines for fraud offences under the Fraud Act 2006 (fraud by false representation, fraud by failing to disclose information and fraud by abuse of position), false accounting under section 17 of

Section 26 notice—Tenant’s request for a new business tenancy under LTA 1954

Section 26 notice—Tenant’s request for a new business tenancy under LTA 1954

Tenant's request for a new business tenancyThese drafting notes are for use when completing a tenant’s request for a new business tenancy under the Landlord and Tenant Act 1954. They are intended to be used when completing the prescribed form under the Landlord and Tenant Act 1954, Part 2 (Notices)