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Vol 21 No 9 Sept/Oct 2016

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The Law of Rights of Light (eBook)

ISBN13: 9781509905522
Published: February 2016
Publisher: Hart Publishing
Country of Publication: UK
Format: eBook (ePub)
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The book provides the authoritative statement on the current law on rights of light in England and Wales. The protection of the access of natural light to properties has been a part of our property law for centuries but in recent years has come into particular prominence.

This is due to a number of reasons including the existence of easements of light being regarded as an inhibition on new development and the unsatisfactory nature of parts of the law on this subject. This has given rise to two reports in recent years by the Law Commission (one on easements generally in 2011 and one on rights of light specifically in 2014), both containing major proposals for law reform.

The purpose of this legal textbook is to explain the law as clearly as possible. In practice rights of light issues and disputes involve technical subjects and inevitably answers to these questions require the expertise of technical experts such as light surveyors. An attempt is made in the book to explain from a non-technical point of view the way in which measurements and calculations are carried out in this area.

It is therefore hoped that the book will be of use to lawyers as well as to landowners who may not always understand these technical subjects and to surveyors who may not always be familiar with the legal concepts and difficulties involved in the area of the law of rights of light.

Property Law, eBooks
1. Introduction
(A) The Nature of Light
(B) Legal Protection of the Access of Light
(C) Outline of the Law
( D) Structure of the Book

2. The Legal Nature of the Right of Light
(A) Basic Concepts
(B) Easements
(C) Other Sources of a Right of Light
(D) Buildings and Apertures

3. Content of the Right of Light
(A) The Basic Principle
(B) Particular Situations
(C) A lterations to Windows and Redevelopment.

4. Acquisition of Rights of Light by Deed
(A) Express Easements
(B) Implied Easements
(C) Section 62 of the Law of Property Act 1925
(D) Summary of Implied and Statutorily Created Easements

5. Acquisition of Rights of Light by Prescription
(A) Introduction
(B) Common Law Prescription
(C) Lost Modern Grant
(D) Statutory Prescription
(E) The Custom of London
(F) Unlawful Uses

6. The Measurement of Light
(A) Introduction
(B) Basic Concepts Concerning Light
( C) The Sky Factor
(D) Measurement of the Sky Factor
(E) Suffi ciency of Light
(F) Status of the Waldram Methodology

7. Remedies
(A) Introduction
(B) Injunctions
(C) Damages

8. Extinguishment and Overriding of Rights of Light
(A) Introduction
(B) Extinguishment of Rights of Light
(C) Overriding of Rights of Light

9. The Rights of Light Act 1959

10. Town Planning
(A) Introduction
(B) The Relevance of Planning Matters
(C) Planning Guidance and Standards

11. Registration and Transfer of Easements of Light
(A) Introduction
(B) Land Registration
(C) The Property Chamber
(D) Land Charges
(E) Transfer of Easements

12. Reform
(A) Proposals for Reform
(B) The Standard of Light
(C) Prescription
(D) Termination of Rights of Light
(E) Remedies

Appendix 1—Prescription Act 1832
Appendix 2—Rights of Light Act 1959