Why you should buy Rights of Light: The Modern Law
Rights of light are a distinctive and complex branch of the law of easements. When advising on property developments it is essential that practitioners have a clear grasp of the legal principles and their practical application.
Written by a team of specialist barristers and surveyors, this established work, which has been extensively cited in the courts, provides targeted coverage of rights of light, combining an explanation of the legal framework with practical commentary on procedure and remedies together with contributions from a surveyor on measuring and valuing loss of light.
This new edition has been extensively rewritten and expanded to reflect changes in practice and procedure, including:
- Completely rewritten and expanded chapters on remedies
- New and extensive guidance on evidence and procedure in dealing with disputes in the civil courts
- New guidance on practice and procedure in the Upper Tribunal and the First-Tier Tribunal (Property Chamber)
- Additional sections 'Easements distinguished from other rights' and 'Unlawful, or illegal enjoyment of light'
- Extended treatment of section 237 of the Town and Country Planning Act 1990 dealing with compulsory purchase and its effect on rights of light
- Impact of Perpetuities and Accumulations Act 2009 specifically in relation to deeds
- Deals with all recent case-law including London Tara Hotel Ltd. v Kensington Close Hotel Ltd (CA 2011) (acquisition of rights of light), Dwyer v City of Westminster (CA 2014) (abandonment), Coventry v Lawrence (UKSC 2014) (discretion to grant injunctions), and Lawrence v Fen Tigers Ltd (UKSC 2014) (remedies)
Andrew Cartmell, Director, Point 2 Surveyors; Richard Clarke , BCL (Oxon), LLB (Soton), Barrister, Landmark Chambers; Mark Davies, Associate Director of UK Underwriting, Steward Title Limited; Alistair Mills, BCL (Oxon), MA (Cantab), Barrister, Landmark Chambers
I am pleased to be invited to write a foreword to this new work on rights of light. It promises to become the standard practitioners’ handbook on this important subject. As the authors point out in their preface, it is a subject which can have a profound impact on the development potential of land. They point to the fact that there may be no physical evidence of the existence of such rights other than the presence of windows in buildings which receive light over other land. Rights to light may be acquired by 20 years’ user without any requirement of registration, and qualify as ‘overriding interests’. Such considerations make it of the first importance that lawyers advising their clients on potential developments should be fully aware of the principles involved. Read the full foreword...
Since the second edition of this book appeared in 2007, the law relating to rights of light has certainly not stood still. The period since then has been dominated by three significant developments.
Firstly, the courts have become increasingly ready to grant injunctions, including mandatory orders requiring demolition of completed buildings, to protect rights of light, even if the victim has taken no action to seek interim relief prior to completion of the works. The apogee of this approach is HKRUK II (CHC) Ltd v Heaney, decided in 2010. Read the full preface...
Table of contents
- Preface to the Third Edition
- Preface to the First Edition
- Table of Abbreviations
- Table of Cases
- Table of Statutes
- Table of Statutory Instruments
- The Property Law Context
- Rights of Light Defined and Contrasted
- Extent of Rights of Light
- Buildings and Structures Capable of Enjoying Rights of Light
- Acquisition of Rights of Light I – By Acts of the Parties
- Acquisition of Rights of Light II – By Prescription
- Acquisition of Rights of Light III – Prevention of Acquisition
- Extinguishment of Rights of Light
- Deeds Regulating Rights of Light
- Proceedings for Infringement of Rights of Light – Proceedings in Court, Appeals from Court Decisions and Cases in the Property Chamber
- Remedies for Infringements of Rights of Light – Injunctions
- Remedies for Infringements of Rights of Light – Declarations
- Remedies for Infringements of Rights of Light – Damages and Abatement
- Measurement and Valuation of Light
- Rights of Light and Planning Law
- Conveyancing Issues which Affect Rights of Light
- Human Rights
- The High Hedges Legislation
- Insuring Rights of Light
- Proposals for Reform
- Statutory Instruments
- Other Materials