Draw attention to rights
Codd, M.
Draw attention to rights - 2001 - Estates Gazette (0125) 23 June 2001, 150-151(2) .
Warns that developers must take care to avoid infringing third party rights which may be created by express grant, under the Law of Property Act 1925 s62, or by prescription, although in the latter case the Prescription Act 1832 s2 requires 20 years' uninterrupted use. Any easement or informal quasi-easement enjoyed by a third party, including the right to light, is a right which should not be interfered with by any development. Considers what constitutes both interference and actionable interference and what steps a developer can take to avoid litigation. Case law.
ACTIONABLE INTERFERENCE
EASEMENTS
EXPRESS GRANT
INTERFERENCE
LAW OF PROPERTY ACT 1925 S62
PRESCRIPTION ACT 1832 S2
PRESCRIPTIVE RIGHTS
THIRD PARTY RIGHTS
Draw attention to rights - 2001 - Estates Gazette (0125) 23 June 2001, 150-151(2) .
Warns that developers must take care to avoid infringing third party rights which may be created by express grant, under the Law of Property Act 1925 s62, or by prescription, although in the latter case the Prescription Act 1832 s2 requires 20 years' uninterrupted use. Any easement or informal quasi-easement enjoyed by a third party, including the right to light, is a right which should not be interfered with by any development. Considers what constitutes both interference and actionable interference and what steps a developer can take to avoid litigation. Case law.
ACTIONABLE INTERFERENCE
EASEMENTS
EXPRESS GRANT
INTERFERENCE
LAW OF PROPERTY ACT 1925 S62
PRESCRIPTION ACT 1832 S2
PRESCRIPTIVE RIGHTS
THIRD PARTY RIGHTS