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Shedding some light

By: Contributor(s): Language: English Series: Estates Gazette ; (0731) 4 August 2007, 76-77(2)Publication details: 2007Subject(s): Summary: 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.

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.

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