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Rights of light

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Latest Property News

The Law Commission’s recommendations for updating for the Land Registration Act 2002—thoughts on the government response

The Law Commission’s recommendations for updating for the Land Registration Act 2002—thoughts on the government response

The following Banking & Finance news provides comprehensive and up to date legal information on The Law Commission’s recommendations for updating for the Land Registration Act 2002—thoughts on the government response

Property weekly highlights—13 May 2021

Property weekly highlights—13 May 2021

The following Property news provides comprehensive and up to date legal information on Property weekly highlights—13 May 2021

Refusal of consent under covenant on aesthetic grounds was reasonable (Hicks v 89 Holland Park Management Ltd)

Refusal of consent under covenant on aesthetic grounds was reasonable (Hicks v 89 Holland Park Management Ltd)

The following Property Disputes news provides comprehensive and up to date legal information on Refusal of consent under covenant on aesthetic grounds was reasonable (Hicks v 89 Holland Park Management Ltd)

Amendments to the prescribed notice seeking possession in Form 3 (section 8 notice)—implications for practitioners

Amendments to the prescribed notice seeking possession in Form 3 (section 8 notice)—implications for practitioners

The following Property Disputes news provides comprehensive and up to date legal information on Amendments to the prescribed notice seeking possession in Form 3 (section 8 notice)—implications for practitioners

Featured Property content

Double funding

Double funding

Brexit: The UK left the EU on 31 January 2020. This has implications for the schemes providing for agricultural subsidies in England and Wales, which...

Differences—joint insured and noting

Differences—joint insured and noting

Joint insuranceJoint insurance arises where two or more people insure separate insurable interests in the same property with the same insurer under a...

Enquiries before contract

Enquiries before contract

Coronavirus (COVID-19): This Practice Note contains guidance on subjects potentially impacted by the government’s response to the COVID-19 outbreak....

Conditional contracts—property

Conditional contracts—property

Contracts are often drafted on the basis that a condition or conditions must be satisfied before completion takes place (a condition precedent)....

Practice notes

Contract races

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
tag iconIn-house
Practice notes

Insolvency—fixed charge receivership

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

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...
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9th Nov
Practice notes

Concurrent and reversionary leases

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

Grant of a right for overhanging eaves

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

Oversailing

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

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...
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9th Nov
Practice notes

Tacit relocation in commercial leases in Scotland

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
tag iconScottish Law
Practice notes

Underletting at less than the passing or market rent

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

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

Benevolent funds

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

Standard Commercial Property Conditions (Third Edition—2018 Revision)

The third edition of the Standard Commercial Property Conditions was published on 27 April 2017 a...
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9th Nov
Practice notes

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...
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9th Nov
Practice notes

The equity of redemption

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 (5th edition: 2018 revision)—a guide to the main provisions

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

Overreaching—sales by trustees of land

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 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...
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15th May
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...
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15th May
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...
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Produced in partnership with Alexander Campbell of Field Court Chambers 14th May
Practice notes

Establishing and maintaining rights of light

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

Implied easements—common law

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

Easements—LPA 1925, s 62 and permissions

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
tag iconIn-house
Practice notes

Rights of light—insurance for developers

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

Particulars of claim for right of light claim

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

Drafting note for claim form in right of light proceedings

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

Deed of release of rights of light

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

Rights of light—obstruction notices

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

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

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

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 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

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?

BurdenWhere a party to a transfer of freehold land (Party B) enters into a positive covenant with the other party to the transfer (Party A), the...
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22nd Jan
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 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

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?

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

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?

This Q&A deals with a situation where party A is purchasing part of a property from party B and the transfer does not contain any express grant of...
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Produced in partnership with Sarah Finch of Hamlins 22nd Jan
Q&As

In what situation is monetary compensation or consent not valid to overcome a right to light claim? If the parties have agreed that a development can continue and this has been recorded at HM Land Registry—can the Local Authority still object to a development for the only reason of concerns about the neighbours’ rights of light?

Rights to light can cause developers extensive delays and additional cost if not fully considered prior to works commencing. Indeed, an injunction can...
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Produced in partnership with Georgia Whiting of 4 King’s Bench Walk 22nd Jan
Q&As

A freeholder has a right of light for the benefit of its property and then grants a 999–year lease of that property which reserves rights of light, excludes implied rights and (where the tenant has not held the lease long enough), acquired rights. Can a freeholder get an injunction where it has no way itself of enjoying the right of light for the next 999 years? Is there any case law on this?

A right of light is an easement. It is a right enjoyed in respect of a building for it to receive the natural light that passes over someone else’s...
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Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 8th Jan
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 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

Popular documents

Money laundering offences—tipping off and prejudicing an investigation

Money laundering offences—tipping off and prejudicing an investigation

Tipping off and prejudicing an investigationIt would undermine the benefit to the authorities if, a suspicious activity report (SAR) having been made, the alleged offender were to be made aware of the interest in their activities so that they could take steps to cover up their misdeeds or disappear.

The doctrine of res judicata

The doctrine of res judicata

What is a res judicata?A res judicata is a decision given by a judge or tribunal with jurisdiction over the cause of action and the parties, which disposes, with finality, of a matter decided so that it cannot be re-litigated by those bound by the judgment, except on appeal.Final judgments by

Quantum meruit (value of services) and quantum valebat (value of goods)

Quantum meruit (value of services) and quantum valebat (value of goods)

When is quantum meruit and quantum valebat relevant?Claims in quantum meruit (value of services) and quantum valebat (value of goods) arise in diverse situations ranging from where contractual terms are silent on issues of payment to where there is no contract at all (Serck v Drake & Scull).General

Community order requirements

Community order requirements

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