Clearer view emerges on the rights of light
Language: English Series: Solicitors' Journal ; 152(21) 27 May 2008, 8-10(2)Publication details: 2008Subject(s): Summary: Discusses light obstruction issues. Considers two appeal court decisions which have clarified the law and which have re-emphasised that construction can allow obstruction, so far as rights of light are concerned. RHJ Ltd v FT Patten (Holdings) Ltd and another (L143458) was an important case which concerned whether a clause in a lease excluding the acquiring of easements under the Prescription Act 1832 had to refer specifically to the right to light in order for that right to be deemed excluded. This decision drew heavily on Mitchell v Cantrill.Discusses light obstruction issues. Considers two appeal court decisions which have clarified the law and which have re-emphasised that construction can allow obstruction, so far as rights of light are concerned. RHJ Ltd v FT Patten (Holdings) Ltd and another (L143458) was an important case which concerned whether a clause in a lease excluding the acquiring of easements under the Prescription Act 1832 had to refer specifically to the right to light in order for that right to be deemed excluded. This decision drew heavily on Mitchell v Cantrill.