The Law of Rights of Light
2nd Edition
Published on 29. March 2024
Book
Hardback
400 pages
978-0-85490-344-3 (ISBN)
Description
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.
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.
More details
Edition
2nd Revised edition
Language
English
Place of publication
London
United Kingdom
Target group
Professional and scholarly
Solicitors, barristers, surveyors, architects, and planning consultants.
Edition type
Revised edition
Illustrations
15 Illustrations
Dimensions
Height: 229 mm
Width: 152 mm
Weight
800 gr
ISBN-13
978-0-85490-344-3 (9780854903443)
Copyright in bibliographic data and cover images is held by Nielsen Book Services Limited or by the publishers or by their respective licensors: all rights reserved.
Schweitzer Classification
Other editions
Previous edition
Jonathan Karas
The Law of Rights of Light
Book
04/2016
Wildy, Simmonds and Hill Publishing
€112.85
Article exhausted; check for reprint
Person
Jonathan Karas KC was called to the Bar in 1986 and appointed QC in 2006. His practice has involved all areas of property law and the law concerning the development of land. He is regularly consulted by major developers and insurers on issues concerning rights of light as well as adjoining owners whose rights are affected by development.
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)
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)