RHJ Ltd v FT Patten (Holdings) Ltd [2008] EWCA Civ 151

Rights To Light: A trick of the light

What is and what is not a consent under s3 of the Prescription Act 1832 can be a tricky question to answer, as Andrew Francis finds out ‘Quite apart from whether the provision is a consent within s3, another commonly encountered issue is whether the provision can bind, or benefit, successors in title.’ Section 3 …

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Rights Of Light: Questions and answers – part 3

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: Questions and answers

In the first of a series of articles, Andrew Francis provides answers to some common questions ‘Rights of light are not the same as daylight and sunlight assessment for planning purposes, so rights of light need to be assessed even before any planning assessment, let alone any planning application, is made.’ Question 1 What is …

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Rights Of Light: Shining a light on interpretation

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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