{"id":4901,"date":"2013-03-11T14:56:49","date_gmt":"2013-03-11T13:56:49","guid":{"rendered":"http:\/\/www.propertysurveying.co.uk\/newsletter\/?page_id=4901"},"modified":"2017-08-16T11:03:29","modified_gmt":"2017-08-16T10:03:29","slug":"law-commission-consults-once-more-on-rights-to-light","status":"publish","type":"page","link":"https:\/\/www.propertysurveying.co.uk\/newsletter\/?page_id=4901","title":{"rendered":"Law Commission Consults Once More on Rights to Light"},"content":{"rendered":"

Principles of Ref. HKRUK ll (CHC) Ltd v Marcus Alexander Heaney [2010]<\/i><\/b><\/span><\/p>\n

In a consultation<\/span><\/span> that opened on 18th February, the Law Commission, an independent non-political body, is asking for views on the current law on rights to light; including on the creation of the easement, enforcement and extinguishing it.<\/span><\/p>\n

The aim of the Law Commission\u00e2\u20ac\u2122s project is to examine the balance in the current law between the rights of landowners and the public interest in accommodating appropriate development, and the efficient use of land.<\/span><\/p>\n

Rights of Light<\/b><\/span><\/p>\n

Although the Law Commission is technically non-political, it is certainly interesting that this coincides with the Government\u00e2\u20ac\u2122s push to simplify and encourage development in an effort to stimulate growth \u00e2\u20ac\u201c particularly as rights of light litigation have stood in the way of a number of sizeable developments, particularly high rise buildings (see HKRUK ll (CHC) Ltd v Marcus Alexander Heaney [2010] for example).<\/span><\/p>\n

Ri\"Rightghts to light are private property rights that benefit a tenement. The light must enter through a defined aperture, however, so only buildings, both residential and commercial, can be granted a right to light. Rights to light are sometimes created deliberately, but more often arise informally, over time (by \u00e2\u20ac\u0153prescription\u00e2\u20ac\u009d). This can happen if light comes through a window over a neighbour\u00e2\u20ac\u2122s land for 20 years, for example.<\/span><\/p>\n

Disputes can arise when a neighbour wants to put up a building that would interfere with a right to light. Under the current law there is uncertainty as to when a court will order that building works be prevented, or a building pulled down, or award a payment of damages instead. Past cases provide different precedents and disputes can drag on for years, even until after a development has been built. This creates a large amount of uncertainty for the landowner, the developer and their advisors which increases costs and causes unnecessary delays.<\/span><\/p>\n

The Consultation<\/b><\/span><\/p>\n

The Commission is seeking views on the state of the current law and on its provisional proposals. These include:<\/span><\/p>\n