Neighbouring right meaning

This Checklist This Checklist outlines which provisions in a lease and other relevant associated documentation should be carefully examined to ascertain whether a right of light subsists. A right of light is an easement granting a landowner the entitlement to receive natural light through an opening in a building on its land. The owner of the land encumbered by that right (the 'servient Building') must not impede or disturb it without first obtaining consent. For any proposed development, it is therefore essential to identify neighbouring properties that could be enjoying a right of light (the 'dominant Building'). For further information on rights of light, see the following Practice Notes: Establishing and maintaining rights of light Rights of light—obstruction notices Rights of light claims Rights of light—insurance for developers Section 2 of the Prescription Act 1832 (PA 1832) requires actual enjoyment of light, meaning that those with less than a freehold interest can acquire a right of light in their own...

RTL Television GMBH v Grupo Pestana SGPS SA ECLI-EU-C-2022-643 What are the practical implications of this case? This ruling clarifies the breadth of the cable retransmission right within the SatCab Directive and underlines the narrow situations in which broadcasters in Member States may contest the satellite distribution of television or radio programmes. Even where a retransmission of TV or radio output satisfies the technical features in Article 1(3) of Directive 93/83/EEC (the SatCab Directive) and lacks the broadcasting organisation’s authorisation, the broadcaster must, before commencing proceedings, determine whether the retransmitter qualifies as an operator of a traditional cable network. If that party is not a cable operator, broadcasters cannot invoke the cable retransmission right under the SatCab Directive. They may, however, still rely on copyright or neighbouring rights, or on any separate cable transmission rights afforded by national law. What was the background? RTL, a German broadcaster, runs a well-known German-language television channel. Although the channel is intended for reception in Germany, Austria and Switzerland, it...

In this issue Key developments and horizon scanning Trespass and adverse possession Easements and covenants Service charges Enfranchisement and right to manage Neighbour and party wall disputes LexTalk®Property Disputes: a Lexis®Nexis community Additional Property disputes updates Daily and weekly news alerts New and updated content Trackers Key developments and horizon scanning Spring Budget 2024—measures impacting the property industry Chancellor Jeremy Hunt’s Spring Budget 2024 set out changes affecting the property sector that were anything but revolutionary, with the spotlight on furnished holiday lettings, multiple dwellings relief for stamp duty land tax (SDLT), and a reduction to the higher capital gains tax (CGT) rate for residential property disposals. Commentary on these announcements is provided by Chrisa Tsompani, partner at Davitt Jones Bould. See LNB News 06/03/2024 106...

This Practice Note outlines the principal provisions of the Electronic Communications Code (the ‘Code’), introduced by the Digital Economy Act 2017 (DEA 2017). It describes: the scope of Code rights; how those rights arise, whether by agreement between the parties or imposed by court order; provisions for assignment, sharing and upgrading; and how consideration and compensation are determined in Scotland. The Code The Code is set out in, and governed by, sections 106–119 and Schedule 3A, Part 1 of the Communications Act 2003 (CA 2003), inserted by DEA 2017, s 4(2) and Sch 1. Commencing on 28 December 2017, it replaced the earlier Electronic Communications Code in Schedule 2 to the Telecommunications Act 1984 (TA 1984), as amended by CA 2003. The Code confers statutory rights on telecommunication operators to enable the establishment and operation of their networks and is designed to support the roll-out of digital technology, including 4G and superfast broadband, throughout the UK. It updates the...

The framework for execution of documents under Scots law is set out in the Requirements of Writing (Scotland) Act 1995 (RW(S)A 1995) and the Legal Writings (Counterparts and Delivery) (Scotland) Act 2015 (LW(CD)(S)A 2015). This Practice Note reviews both the traditional approach to execution and execution by counterpart under Scots law. Contracts or obligations that must be in writing In Scotland, the default position is that a contract, a unilateral obligation, or a trust can be constituted without writing. Writing is, however, necessary for the following exceptions to that rule: contracts, or unilateral undertakings, to create, transfer, vary or extinguish a real right in land (excluding tenancies or rights of occupation for less than a year and private residential tenancies) the creation, transfer, variation or termination of a real right in land an agreement between neighbouring proprietors regarding the accretion or erosion of their common boundary a gratuitous unilateral obligation (other than one undertaken in the course of business) a person...

Practice Note This Practice Note sets out the rule prohibiting derogation from grant and the situations in which it operates in the context of leases. It also considers the covenant of quiet enjoyment, its interplay with derogation from grant, and highlights common drafting issues alongside other matters for consideration. The rule against derogation from grant functions in addition to any quiet enjoyment obligation and is not displaced by an express quiet enjoyment covenant. Although there is considerable overlap between the two, a crucial distinction exists. The obligation not to derogate from grant runs with the land. Thus, if a landlord lets one property and sells the neighbouring one, the purchaser is not liable to the adjoining tenant under the quiet enjoyment covenant, since they are not, and have never been, that tenant’s landlord. However, the purchaser is liable to the tenant in respect of the obligation not to derogate from grant. The seller/landlord became bound by the non-derogation obligation towards the tenant, concerning the property later sold, when it...

This query asks whether the owner of the land (the servient owner) on which a septic tank currently sits, and across which a neighbour has acquired prescriptive drainage rights, is entitled to replace that tank with a modern treatment unit, and whether the neighbour benefiting from those rights (the dominant owner) can be obliged to contribute to the costs of installing and maintaining the replacement apparatus. Can the servient owner replace the tank? On the basis that the dominant owner holds a prescriptive right to drain into the septic tank (as stated), the initial issue is the servient owner’s entitlement to substitute the existing septic tank with a contemporary equivalent. Provided the works are organised so that the neighbour’s drainage rights are not hindered to an actionable extent, both during installation and thereafter, there is, in principle, no reason to object to the servient owner upgrading their own installation in this manner...

At common law, A has no entitlement to go onto B’s land to undertake repairs to A’s property. In the absence of an express right, or B’s permission, doing so would constitute trespass. Nevertheless, A does enjoy certain limited rights under the Access to Neighbouring Land Act 1992 (ANLA 1992). Under section 1(1) of ANLA 1992, if A wishes to enter B’s land to carry out works to A’s land, and B refuses consent, A can apply to the court for an access order, in such circumstances and situations...