Category: right to light

Developer disputes: misrepresentation and summary judgment – Practical Law: Construction Blog

Posted June 21st, 2019 in conveyancing, misrepresentation, news, planning, right to light, solicitors, summary judgments by tracey

‘We will all be familiar with the questions asked and answered by solicitors in the lead up to the purchase of a house. For commercial property the same process is carried out but the stakes, at least financially, can be even higher. Pre-contract correspondence between solicitors can be a fertile ground for possible misrepresentation claims if a development does not go well. The recent case of Wilson & Sharp Investments Ltd v Falmouth Property Investments Ltd raises some interesting points of law concerning misrepresentation claims, particularly between developers, and also important issues of procedure for summary judgment applications.’

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Practical Law: Construction Blog, 19th June 2019

Source: constructionblog.practicallaw.com

Row erupts after rich pensioner erects barricade to block off neighbour’s £2m home – Daily Telegraph

Posted March 3rd, 2017 in damages, injunctions, news, privacy, right to light by tracey

‘A rich pensioner is locked in a bizarre neighbours war with a cutting-edge architect and her partner, after erecting a huge wooden barricade that blocks off the windows and back door of their innovative £2 million house.’

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Daily Telegraph, 2nd March 2017

Source: www.telegraph.co.uk

County court: restricting sunlight to a tenant’s flat could be breach of leasehold covenant – OUT-LAW.com

Posted August 19th, 2016 in covenants, landlord & tenant, leases, news, right to light by tracey

‘Development work that restricts natural sunlight to property can in principle be a breach of a ‘quiet enjoyment’ covenant in a lease, even where no formal right to light exists, according to the county court.’

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OUT-LAW.com, 17th August 2016

Source: www.out-law.com

Right to light appeal: bad conduct ‘key factor’ in grant of injunction, experts say – OUT-LAW.com

Posted July 13th, 2016 in appeals, company directors, compensation, costs, damages, injunctions, joint liability, news, right to light, Supreme Court by sally

‘The Court of Appeal has upheld an injunction over what was a relatively minor breach of a right to light, primarily because of the developer’s poor conduct throughout the dispute.’

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OUT-LAW.com, 12th July 2016

Source: www.out-law.com

Making rights to light more transparent – Law Commission

Posted February 18th, 2013 in building law, consultations, news, right to light by sally

“In a consultation opening today the Law Commission is asking for views on the current law on rights to light, including their creation, enforcement and extinguishment.”

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Law Commission, 18th February 2013

Source: www.lawcommission.justice.gov.uk

Rights to Light – Ancient & Modern – Hardwicke Chambers

Posted June 7th, 2012 in easements, news, planning, right to light by sally

“Easements to light are one of the oldest property rights and the principles are very entrenched. However a spate of controversial cases over recent years and general feeling of panic among developers has encouraged the Law Commission to investigate:

‘whether the law by which rights to light are acquired and enforced provides an appropriate balance between the important interests of landowners and the need to facilitate the appropriate development of land.’

This article provides a recap of the current law in relation to rights to light and touch upon some of the problems faced by developers and landowners alike.”

Full story

Hardwicke Chambers, 7th June 2012

Source: www.hardwicke.co.uk

G and S Brough Ltd v Salvage Wharf Ltd and Another – Times Law Reports

Posted March 2nd, 2009 in law reports, prescription, right to light by sally

G and S Brough Ltd v Salvage Wharf Ltd and Another

Court of Appeal

“A property owner who made an agreement with a developer as to his prescriptive rights to light in respect of a development which would have had a minimal impact on the light to that property, did not lose those rights to light, so that a developer whose later redevelopment would extinguish those rights to light could not rely on the earlier agreement to defeat the owner’s rights.”

The Times, 2nd March 2009

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 from the date of publication.