Rights of light

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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
What is a Quistclose trust?A Quistclose trust is an example of an ‘automatic’ resulting trust, ie a trust which arises where property is transferred...
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9th Nov
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
Damages or injunction — the testThe primary remedy for breach of a restrictive covenant is a permanent injunction to restrain the breach. However, the...
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9th Nov
Practice notes
The second edition of the Standard Commercial Property Conditions came into force on 1 June 2004 and these conditions are incorporated into many...
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9th Nov
Practice notes
The ‘ad medium filum’ rule is a rebuttable presumption that an owner of land which abuts either:•a public or private highway, or•a non-tidal river or...
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9th Nov
Practice notes
Vitiation of an insurance policyAn insurance policy may be vitiated (or invalidated) if the insured:•misrepresents or fails to disclose any material...
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9th Nov
Practice notes
Wrongful interference with an easement is a private nuisance. The existence of the easement must be established for a claim to succeed.Not every...
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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
What is a letter of non-crystallisation?A letter of non-crystallisation is required by a buyer’s/lender’s solicitor to confirm that:•a floating charge...
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9th Nov
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
The implied or deemed surrender and re-grant of a lease arises where an agreed variation of the terms of the original lease is so fundamental that the...
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9th Nov
Practice notes
How should the money be transmitted?Most contracts relating to commercial property incorporate either the second or third editions of the Standard...
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9th Nov
Practice notes
The Third EditionThe third edition of the Standard Commercial Property Conditions was published on 27 April 2017. It is an update to Standard...
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9th Nov
Precedents
You are applying for registration of [insert details of property] at HM Land Registry and as part of that application you must disclose any overriding...
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9th Nov
Precedents
Under s 45 Leasehold Reform Housing and Urban Development Act 1993 (the ‘1993 Act’)Flat:[insert address and description of the Property]To:[insert...
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9th Nov

Most recent Rights of light content

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
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 LLP 15th Jan
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 LLP 15th Jan
Practice notes
IntroductionSection 203 of the Housing and Planning Act 2016 (HPA 2016) confers powers to override easements and other rights benefitting adjoining...
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15th Jan
Practice notes
Is there an interference with the right to light?Where a right of light has been established (see Practice Note: Establishing and maintaining rights...
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15th Jan
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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15th Jan
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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15th Jan
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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15th Jan
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 8th 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
Q&As
For the purposes of this Q&A it assumed the freehold owner of the building has certain rights over the land of a neighbour and that for whatever...
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29th Nov
Q&As
The benefit of a right to light already acquired by the landlord at the date of grant of the lease (or in the process of being acquired by the...
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29th Nov
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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29th Nov

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