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The Law of Rights of Light

ISBN13: 9780854901647
Published: April 2016
Publisher: Wildy, Simmonds and Hill Publishing
Country of Publication: UK
Format: Hardback
Price: £75.00

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The Law of Rights of Light is a new and comprehensive treatment of the controversial topic of rights of light.

It 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 the Town and Country Planning Act 1990 s.237.

By setting the law in its wider context, the book 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 technical appendices by Point 2 Surveyors. The first explains how light is measured; the second how losses are valued. These appendices also explain the limits of current methodology. These limits leave current methods ripe for reconsideration by the Courts.

The book is an essential addition to the shelves of lawyers, surveyors and other property professionals.

Property Law, Planning Law, Wildy, Simmonds and Hill
List of Figures
Table of Statutes
Table of Statutory Instruments

1. The Legal Nature of a Right of Light
2. Rights of Light: Creation
3. Preventing a Right of Light Arising by Prescription: Consent and Obstruction
4. Agreements Dealing with Light
5. Successors in Title and Registration of Rights
6. The Nature and Extent of a Right to Light
7. Extinguishing Rights of Light
8. Interference with Rights of Light
9. Statutory Authorisation of Interferences with Rights of Light
10. Remedies for Interference with Right of Light
11. Reform


A Appendix 1, Quantification of Light and its Loss
B Appendix 2, 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 1981 (1981 c 54), Extracts
C6 Town and Country Planning Act 1990 (1990 c 8), Extract
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