* The Law of Rights of Light 2nd ed

NOT YET PUBLISHED

The first edition of this book established itself as the leading specialist textbook in the field of rights of light and is used by practitioners, whether barristers, solicitors, or surveyors.

This new edition has been revised and brought up to date to include recent developments in the law such as section 203 of the Housing and Planning Act 2016, Beaumont Business Centres Ltd v Florala Properties Ltd [2020] and Fearn v The Board of Trustees of the Tate Gallery [2023].

The book considers how rights can be established, what constitutes an infringement of those rights and what remedies can be provided for the infringement of those rights. It explains how claims may be defended and rights overridden using the mechanism under section 203 of the Housing and Planning Act 2016. By setting the law in its wider context, The Law of Rights of Light seeks to show that, despite the technicalities which arise, there are no legal problems with which a competent lawyer cannot grapple.

The book benefits from two illustrated technical appendices by Point 2 Surveyors. The first explains how light is measured; the second how losses are valued. Both appendices also set out the limits of current methodology.

This new edition is an essential addition to the shelves of lawyers, surveyors and other property professionals.

table of content

Preface to the First Edition;

Preface to the Second Edition;

List of Figures;

Table of Cases;

Table of Legislation

Table of Statutory Instruments

 

 

1 The Legal Nature of a Right of Light;

Nature of a right of light;

Distinction from restrictive covenant;

Statutory protection of light: the planning system?;

Statutory protection of light: high hedges;

Other effects of light

 

 

2 Rights of Light: Creation;

Introduction;

Statute;

Creation by act of parties;

Creation of right of light by long enjoyment: prescription

 

 

3 Preventing a Right of Light Arising by Prescription: Consent and Obstruction;

Generally

Consent;

Preventing a right of light arising by prescription: physical interruption;

Preventing a right of light arising by prescription: light obstruction notices

 

 

4 Agreements Dealing with Light;

Introduction;

Construing deeds generally;

Express and implied grants of rights of light;

Permission, agreement or consent to enjoy light

Restrictions on building which interferes with light: restrictive covenants;

Rights to construct buildings which interfere with light;

Exclusion of implied rights on transaction

 

 

5 Successors in Title and Registration of Rights;

Introduction;

Unregistered Land;

Land Registration Act 1925

Land Registration Act 2002

 

 

6 The Nature and Extent of a Right to Light;

Generally;

Rights granted by deed or other instrument;

The nature of prescriptive rights to light;

 

7 Extinguishing Rights of Light;

Introduction;

Expiry of limited right;

Unity of ownership;

Merger?;

Extinguishment by express release;

Extinguishment by implied release: abandonment;

Estoppel per rem judicatam;

By statute

 

 

 

8 Interference with Rights of Light;

Introduction;

Interference constituting breach of contractual obligations;

Interference with easements generally: nuisance

 

 

9 Statutory Authorisation of Interferences with Rights of Light;

Introduction;

Statutory authorisation generally;

Housing and Planning Act 2016, section 203

 

 

10 Remedies for Interference with Rights of Light;

Generally;

Abatement;

Declarations;

Injunctions;

Damages

 

 

 

11 Reform;

 

 

Appendices

 

 

A Quantification of Light and its Loss

 

 

B Valuation of Light and its Loss

 

 

C Legislation

 

C1 Prescription Act 1832 (1832 c 71), Extracts;

C2 Law of Property Act 1925 (1925 c 20), Extracts;

C3 Rights of Light Act 1959 (1959 c 56);

C4 Local Land Charges Act 1975 (1975 c 76), Extracts;

C5 Senior Courts Act 1981 (1981 c 54), Extracts;

C6 Housing and Planning Act 2016 (2016 c 22), Extracts;

C7 Party Wall etc Act 1996 (1996 c 40), Extract;

C8 Land Registration Act 2002 (2002 c 9), Extracts;

C9 Anti-social Behaviour Act 2003 (2003 c 38), Extracts;

C10 Tribunal Procedure (Upper Tribunal) (Lands Chamber) Rules 2010 (SI 2010/2600) (L15), Extracts;

C11 Local Land Charges Rules 2018 (SI 2018/273)