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Rights of Light: The Modern Law 3rd edition

This established work provides targeted coverage of rights of light,
Free delivery for UK
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ISBN/ISSN: 9781846618635

Product description

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

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Table of contents

  • 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
  • Appendices