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The Law of Rights of Light

The Law of Rights of Light

Author: Jonathan Karas
Publisher: Wildy, Simmonds and Hill Publishing
ISBN: 9780854901647
Published In: April 2016
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

Details

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.

Preface

List of Figures

Table of Statutes

Table of Statutory Instruments

The Legal Nature of a Right of Light

Rights of Light: Creation

Preventing a Right of Light Arising by Prescription: Consent and Obstruction

Agreements Dealing with Light

Successors in Title and Registration of Rights

The Nature and Extent of a Right to Light

Extinguishing Rights of Light

Interference with Rights of Light