Shedding some light
Humphrys, Emma
Shedding some light - 2007 - Estates Gazette (0731) 4 August 2007, 76-77(2) .
Mainly for Students article warns that right to light issues should be considered carefully before embarking on a development project. Rights to light can be either granted or reserved expressly. The right to light, once acquired, is an easement. Surveyors usually apply the 50:50 rule, which provides that there is actionable interference where less than half of the room is lit. Developers often proceed even if there is a potential right to light claim. They may be ready to pay damages if required, but Regan V Paul Properties shows that an injunction is possible and can prove more costly.
REGAN V PAUL PROPERTIES LTD AND OTHERS
PRESCRIPTION ACT 1832
RIGHTS OF LIGHT ACT 1959
TAMARES (VINCENT SQUARE) LTD V FAIRPOINT PROPERTIES (VINCENT SQUARE) LTD
MIDTOWN LTD V CITY OF LONDON REAL PROPERTY CO LTD
England and Wales--1543-
Shedding some light - 2007 - Estates Gazette (0731) 4 August 2007, 76-77(2) .
Mainly for Students article warns that right to light issues should be considered carefully before embarking on a development project. Rights to light can be either granted or reserved expressly. The right to light, once acquired, is an easement. Surveyors usually apply the 50:50 rule, which provides that there is actionable interference where less than half of the room is lit. Developers often proceed even if there is a potential right to light claim. They may be ready to pay damages if required, but Regan V Paul Properties shows that an injunction is possible and can prove more costly.
REGAN V PAUL PROPERTIES LTD AND OTHERS
PRESCRIPTION ACT 1832
RIGHTS OF LIGHT ACT 1959
TAMARES (VINCENT SQUARE) LTD V FAIRPOINT PROPERTIES (VINCENT SQUARE) LTD
MIDTOWN LTD V CITY OF LONDON REAL PROPERTY CO LTD
England and Wales--1543-