header-logo header-logo

02 April 2015 / Andrew Francis
Issue: 7647 / Categories: Features , Property
printer mail-detail

It ought to be stopped

nlj_7647_andrew-francis

Andrew Francis considers how to prevent the acquisition of a right of light

Property owners and developers do not like the prospect of adjoining property owners acquiring rights against them which might inhibit future development of the formers’ land. Victorian estate developers invariably included terms in plot sales that prevented the new properties from acquiring light over adjacent land, or excluded any building scheme of covenants in estates below the highest class. Nowadays the main concern of developers and in particular landlords where residential blocks of flats are being built, is to ensure that freehold owners, or tenants do not acquire rights, particularly rights of light, against the adjacent land which may or may not be owned by the developer, or landlord. This is because of the need to ensure that on future development of that land, no adverse rights have been acquired against it by tenants. Rights of light present a particular difficulty because such rights can be acquired by tenants under s 3 of the Prescription Act 1832 (PA 1832),

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Signature Litigation—Catherine Naylor

Signature Litigation—Catherine Naylor

International fraud and asset recovery offering boosted by partner hire

Stevens & Bolton—Alexa Payet

Stevens & Bolton—Alexa Payet

Private wealth disputes team adds contentious probate specialist

Morgan Lewis—Paul Feldberg

Morgan Lewis—Paul Feldberg

Firm strengthens investigations and sanctions capabilities with London partner hire

NEWS
Cheshire West, which established an ‘acid test’ for deprivation of liberty safeguards, has been overturned by the Supreme Court
The Chancery Division and other segments of the High Court are to be replaced by a new Business and Property Division (BPD), in a major civil justice shakeup
Law firms that hold client money will need to file annual accountants’ reports and make a declaration, the Solicitors Regulation Authority (SRA) confirmed this week
Two district judges and a tribunal judge have been sanctioned for delays in delivering judgments and orders
Private equity (PE) investment into UK law firms halved to £250m last year, but deal volume rose, according to research by Acquira Professional Services’ Momentum private equity market tracker
back-to-top-scroll