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Archive for the ‘Easements’ Category

 

Easements: The Right to Light and Trees 5 Comments

Easements: The Right to Light and Trees
  • Posted: 5 years ago
  • Category: Easements

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 […]

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Consensual Rights to Light and Successors in Title 3 Comments

Consensual Rights to Light and Successors in Title
  • Posted: 7 years ago
  • Category: Business Leases, Development Leases, Easements, Landlord and Tenant

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 […]

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Solar Panels and the Right to Light 6 Comments

Solar Panels and the Right to Light
  • Posted: 8 years ago
  • Category: Development Leases, Easements

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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Welcome

These blogs are intended to cover matters of interest in connection with property law in England and Wales. I hope they will be of interest to all concerned in the property industry; they are not intended solely for lawyers, and I will try and strike a balance in posts in order to achieve both readability and accuracy. This may lead to what a lawyer might see as a degree of over-simplification; lawyer (and indeed non-lawyer) subscribers are very welcome to tell me what I have got wrong or to express contrary views or ask for authority for any propositions I put forward – all comments will be welcome.

I will, wherever possible, include links to statutes and cited cases. So far as case law is concerned, I am indebted to the British and Irish Legal Information Institute (BAILII) for allowing me to link to the vast amount of case law which they have accumulated on their site. The site is an enormously helpful research tool; BAILII is a charity which is dependent on donations from law firms and others to expand its already extensive database.

I may also from time to time use this facility to express non-legal opinions on topical issues, and these are listed under “Non-Legal Opinions”.

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RSS Raymond Cooper – Consultant Real Estate and Planning Lawyer

  • Can the Planning System Protect Solar Panels from Overshadowing?
  • Duval and Worse: How to Make Management of a Block of Flats Impossible
  • Planning Applications by Gypsies and Travellers (Revisited)

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Recent Posts

  • Can the Planning System Protect Solar Panels from Overshadowing?
  • Duval and Worse: How to Make Management of a Block of Flats Impossible
  • Planning Applications by Gypsies and Travellers (Revisited)
  • Cyclists fit for cities?
  • The Treatment of Inherent Defects in Leases (Updated 2017)

Recent Comments

  • Michael Ney on Can the Planning System Protect Solar Panels from Overshadowing?
  • Toby Clark BSc CFIOSH PIEMA Cert Ed on The Treatment of Inherent Defects in Leases (Updated 2017)
  • ian M on Solar Panels and the Right to Light
  • Brian Knowlkes on Charities and Part 1 of the Landlord & Tenant Act 1927
  • Planning Applications by Gypsies and Travellers (Revisited) on Applications for Planning Permissions by Gypsies and Travellers

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  • Non-Legal Opinions (1)
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Disclaimer

Any views which may be expressed in this blog are my own; the intention is not to give legal, or any other, advice but to open up a subject for discussion. There is no intention on my part to create any duty of care or lawyer/client relationship – anyone who does rely upon any view I may express does so at their own risk, and I cannot and do not accept any liability whatsoever for any loss arising from anyone’s reliance on anything contained in any posting, or any other information contained in this website or in any linked websites.
 
Please bear in mind also that the law changes; I do not make a practice of constantly revising and updating all past posts so you should have regard to the date of the posting and to any subsequent developments in the law (though if there was any really dramatic change I might, but do not undertake to, make it the subject of a separate post).

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