Rights of light 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...

A landlord’s development programme can impact occupants, whether within the premises or on adjacent land. This checklist outlines suggested steps a landlord might take before and during development works, to help minimise potential claims by tenants arising from disruption. What should the landlord do before development starts? The landlord should carefully gauge the potential for dispute by: obtaining a thorough grasp of the planned works programme, covering the physical extent of the works, the site facilities contractors will require, the anticipated timeframe for the project, and the likelihood of noise and dust reviewing the occupational leases in detail: whether the works intrude upon any demised premises. See Practice Notes: Airspace development—guidance for landlords and developers, and Alterations outside the demise—Definition of demised premises if any easements cannot be preserved throughout the course of the development whether any easements and/or rights can be lawfully varied whether an alternative entrance and exit route is available if...

This Checklist This Checklist explains the process for securing and recording a Light Obstruction Notice (LON) under the Rights of Lights Act 1959 (RLA 1959). It includes an outline of the 19 years and one day rule, the steps to seek a definitive and/or temporary certificate from the Upper Tribunal (Lands Chamber) (UT), and how to file the LON for entry as a local land charge. From 12 April 2015, oversight of local land charges moved to HM Land Registry. The Local Land Charges Rules 2018, SI 2018/273 (LLCR 2018), which are required to implement these amendments, took effect on 6 April 2018. That said, these provisions only apply within a local authority’s area once the Registrar has issued written notice to that authority confirming the date from which the amendments will operate. This Checklist therefore describes the process for registering a Light Obstruction Notice where no such written notice has been given by the Registrar and, as a result, the Local Land Charges Rules 1977, SI 1977/985...

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Service provision changes (SPCs) This Practice Note explores service provision changes (SPCs) under the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE 2006), SI 2006/246, reg 3(1)(b), arising when activities are outsourced, brought back in-house, or a contractor or service provider is replaced. It explains the approach for cases where the relevant transfer under TUPE 2006 occurs on or after 31 January 2014, and addresses scenarios typically encountered in outsourcing, insourcing, or a change of provider. The Note also clarifies how SPCs operate in those contexts. For the pre-31 January 2014 position, refer to the government’s TUPE 2006 guidance (June 2009)—applicable only to transfers on or before 30 January 2014 and not updated in light of more recent case law—and to Practice Note: TUPE—the pre-January 2014 position [Archived]—Service provision changes. A switch in service provider can constitute a ‘service provision change’ within TUPE 2006, irrespective of whether it is also a ‘business transfer’. For further detail on business transfers, see Practice Note: TUPE—business transfers. Distinct from...

Ability to vary a planning permission once granted Once planning permission is in place, any development it authorises must at all times be carried out strictly in accordance with the conditions attached, including compliance with any plans cited in those conditions, and with any linked legal agreements. See Practice Note: Planning conditions—key points for more information. Nevertheless, revisions to an approved development are commonly required after permission has been given. This can arise for many reasons—for example, unforeseen matters may surface following the grant, prompting a move away from what has been consented, or simply because the design process is protracted and tends to evolve even once consent exists, ultimately resulting in changes to the scheme over time in practice...

What is an operator's licence? An operator’s licence is the lawful permission from the licensing authorities required to run particular categories of vehicle across the United Kingdom. The licensing framework applies to heavy goods vehicles (HGVs), light goods vehicles (LGVs) together with passenger service vehicles (PSVs), namely buses, coaches and limousines. This Practice Note centres on HGV and LGV regulation as the primary focus, although there are substantial overlaps with PSVs regarding relevant licensing processes and general enforcement. In England, Wales and Scotland, operator licences are granted by the Traffic Commissioners. The Traffic Commissioners supervise licensing and regulation across the sector for HGV, LGV and PSV operators, and they also register local bus services, with assistance from deputy Traffic Commissioners. As independent statutory licensing authorities, they may, where appropriate, take action against the vocational entitlement of bus, coach and lorry drivers who commit road and certain other offences. The Traffic Commissioners do not hold jurisdiction over grandfather or acquired rights driving licence holders, meaning those who passed the practical...

PRIVATE & CONFIDENTIAL [ insert name and address of surveyor ] [ insert date ] Dear [ insert name of surveyor ] [ insert case heading ] INSTRUCTIONS TO ACT AS RIGHTS OF LIGHT SURVEYOR CONFIDENTIAL AND LEGALLY PRIVILEGED LETTER OF INSTRUCTIONS/TERMS OF ENGAGEMENT I represent [ name of client ] in relation to the property identified as [ property description ] (the Property), of which my client holds the leasehold/freehold [ delete as applicable ] ownership, with the title recorded at HM Land Registry under title number [ insert title number ]. I write to confirm my client’s instructions for you to prepare a report (the Report), together with any follow-up reports and/or advice requested, and, if appropriate in due course, to act as an expert in any court proceedings, all in relation to rights of light matters at the Property arising from the proposed redevelopment of the Property (the Proposed Redevelopment)...

Introduction A rights of light claim is usually started under CPR 7 by issuing a Claim Form (N1), though in certain circumstances the CPR Part 8 route may be suitable (see Practice Note: CPR Part 8 claims (alternative procedure for claims)). These drafting notes apply only to Form N1. For general guidance, refer to Practice Note: Claim form—the contents. Relevant Precedents Particulars of claim for right of light claim Order for Interim Injunction in right of light proceedings Court details Insert the name of the court in which the proceedings will be brought. The claim may be issued in the County Court or, where the claim’s value justifies it, in the High Court. See Practice Note: Where to start a civil claim. If issuing in the County Court, you may use any County Court hearing centre; however, if you issue at a centre not serving the property, the case may be transferred after issue to the appropriate court, which can...

Claim No. [ insert claim number ]. [ IN THE HIGH COURT OF JUSTICE [ BUSINESS AND PROPERTY COURTS [ OF ENGLAND AND WALES OR IN [ insert location ] OR [ Specify division ] [ Specify specialist court ] [ Insert location ] DISTRICT REGISTRY THE COUNTY COURT AT [ insert location ] [ BUSINESS AND PROPERTY COURTS LIST Between: [ insert name ] Claimant and [ insert name ] Defendant Particulars of claim The Claimant holds the [ freehold ] title to [ set out nature of the interest in and the identifying details of the property in respect of which the right to light exists—Address/title number etc ] (the “Property”). For identification purposes only, the extent of the Property is depicted on [ insert details of how the Property is shown on the plan ] appended hereto (“Plan [ number of plan ]”). The Claimant is the proprietor of the building known as [ Name of building ], which lies...

No particular claim form applies to proceedings that include a request for final injunctive relief. The standard factors for selecting the suitable claim form, as described in CPR 8.1, still apply. The principal question is usually whether the court will need to resolve a material factual dispute in order to determine the claim. While the Part 8 route may look simpler, opting for it can be tempting but, in practice, often results in increased costs and delay where the Part 7 procedure is more appropriate...

Easements relating to demised property: Hill and Redman’s Law of Landlord and Tenant [1028] sets out a helpful account of the operation of section 62 of the Law of Property Act 1925 (LPA 1925) in the context of leases: in summary, a lease of land, or of land with buildings, brings with it, without express wording, all easements belonging or thought to belong to the demised property or any part of it, or which at the date of the lease were occupied and enjoyed with it or any part, or treated or recognised as part and parcel of, or appurtenant to, the demised property or any part, unless the lease makes a contrary intention clear. In this matter, this Q&A confirms that the effect of LPA 1925, s 62 has, as is customary, been excluded, and therefore we do not consider that provision further... Express grant of the right of way? ...

For this Q&A, we proceed on the basis that the easements are recorded on the title... Prescription Act 1832 The Prescription Act 1832 (PA 1832) sets out a statutory route for acquiring easements by prescription, operating in parallel with common law prescription and the doctrine of lost modern grant. The statutory framework can be outlined as follows: Easements other than rights of light: continuous, uninterrupted enjoyment for 40 years establishes a claim that is indefeasible save by express consent. Enjoyment for 20 years creates a claim that cannot be defeated by showing the right could not have existed since 1180, though it may still be overcome by any other available defences...