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The Law of Rights of Light Jonathan Karas

The Law of Rights of Light By Jonathan Karas

The Law of Rights of Light by Jonathan Karas


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Summary

The Law of Rights of Light is a new and comprehensive treatment of the controversial topic of rights of light and is an essential addition to the shelves of lawyers, surveyors and other property professionals.

The Law of Rights of Light Summary

The Law of Rights of Light by Jonathan Karas

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.

About Jonathan Karas

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.

Table of Contents

Preface to the First Edition

Preface to the Second Edition

List of Figures

Table of Cases

Table of Legislation

Table of Statutory Instruments

1THE 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

2RIGHTS OF LIGHT: CREATION

Introduction

Statute

Creation by act of parties

Creation of right of light by long enjoyment: prescription

3PREVENTING 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

4AGREEMENTS 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

5SUCCESSORS IN TITLE AND REGISTRATION OF RIGHTS

Introduction

Unregistered Land

Land Registration Act 1925

Land Registration Act 2002

6THE NATURE AND EXTENT OF A RIGHT TO LIGHT

Generally

Rights granted by deed or other instrument

The nature of prescriptive rights to light

7EXTINGUISHING 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

8INTERFERENCE WITH RIGHTS OF LIGHT

Introduction

Interference constituting breach of contractual obligations

Interference with easements generally: nuisance

9STATUTORY AUTHORISATION OF INTERFERENCES WITH RIGHTS OF LIGHT

Introduction

Statutory authorisation generally

Housing and Planning Act 2016, section 203

10REMEDIES FOR INTERFERENCE WITH RIGHTS OF LIGHT

Generally

Abatement

Declarations

Injunctions

Damages

11REFORM


APPENDICES

AQUANTIFICATION OF LIGHT AND ITS LOSS

BVALUATION OF LIGHT AND ITS LOSS

CLEGISLATION

C1Prescription Act 1832 (1832 c 71), Extracts

C2Law of Property Act 1925 (1925 c 20), Extracts

C3Rights of Light Act 1959 (1959 c 56)

C4Local Land Charges Act 1975 (1975 c 76), Extracts

C5Senior Courts Act 1981 (1981 c 54), Extracts

C6Housing and Planning Act 2016 (2016 c 22), Extracts

C7Party Wall etc Act 1996 (1996 c 40), Extract

C8Land Registration Act 2002 (2002 c 9), Extracts

C9Anti-social Behaviour Act 2003 (2003 c 38), Extracts

C10Tribunal Procedure (Upper Tribunal) (Lands Chamber) Rules 2010 (SI 2010/2600) (L15), Extracts

C11Local Land Charges Rules 2018 (SI 2018/273)

Additional information

NGR9780854903443
9780854903443
0854903445
The Law of Rights of Light by Jonathan Karas
New
Hardback
Wildy, Simmonds and Hill Publishing
2024-03-29
400
N/A
Book picture is for illustrative purposes only, actual binding, cover or edition may vary.
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