Archive for the ‘Easements’ Category
Easements: The Right to Light and Trees 5 Comments
Proposition: Although there is no reported case on the subject, there is no reason in principle why trees which interfere with an established right to light of a building to a sufficient extent should not give rise to a right of action by the person entitled to the right, whether the trees in question are […]
Consensual Rights to Light and Successors in Title 3 Comments
Proposition: Where, for the purposes of s.3 of the Prescription Act 1832, a right to light is enjoyed by the dominant tenement as a result of a consent or agreement in writing made or given by the owner of the servient tenement, it is likely that, in the majority of cases, a successor in title […]
Solar Panels and the Right to Light 5 Comments
Proposition: An owner of a building with roof top solar panels cannot acquire a prescriptive right to the access of the sun’s rays.
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