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The law of light

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17 April 2008 / Andrew Francis
Issue: 7317 / Categories: Opinion , Legal services , Procedure & practice , Constitutional law
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Andrew Francis examines why the rights of light law needs changing and what form such reform should take

What do the following events have in common? The coronation of Richard I in 1189. The second and third years of the reign of William IV in 1832. The signing of the Entente Cordiale in 1904. The opening of the first section of the M1 motorway in 1959. All these dates have a bearing on rights of light. It is extraordinary to reflect that they span over 750 years. The law of light cannot be described as having modern foundations.

Why is Reform Needed?

There are two reasons why reform is overdue. First, the way in which rights of light can arise is complex and fragmented. Secondly, the state of the law can be a disincentive to development, particularly in inner city regeneration projects.

Acquisition of the right

Most features are archaic. Prescription at common law must be founded upon enjoyment since 1189. That is not a promising start.

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