Rights Of Light: Questions and answers – part 4

Serle Court | Property Law Journal | December 2014/January 2015 #327
In the fourth of his continuing series, Andrew Francis considers how rights of light can be overriden, their abandonment and remedies in case of dispute ‘Ultimately whether there has been abandonment will be a question of evidence and the mere existence of blocked-up apertures is not the end of the story.’ Question 1 How can …

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Rights Of Light: Questions and answers – part 3

Serle Court | Property Law Journal | November 2014 #326
Andrew Francis deals with the more complex rules that lie behind the topics covered in the first two rights of light Q&As ‘Enjoyment may be asserted by lessees even against their own landlord. This rule is unique to rights of light asserted under s3.’ Question 1 What technical rules apply to the acquisition of a …

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Rights Of Light: Shining a light on interpretation

Charles Russell Speechlys LLP | Property Law Journal | September 2012 #296
Emma Humphreys and Andrew Francis assess a case where the court was required to interpret consents given in a 1967 conveyance ‘The parties were agreed that a finding on the first issue (ie relating to the construction of the 1967 conveyance) in the defendant’s favour meant that the second issue would become irrelevant, but the …

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