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04 December 2014
Issue: 7633 / Categories: Legal News
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Law Commission publishes report on rights to light

The law on the right to light could become more transparent under Law Commission recommendations for reform contained in its report, Rights to Light, published this week.

Issues can arise over competing private property rights to light where, for example, a landowner wants to put up a building that will block the natural light to a neighbouring property. These rights can be given by one neighbour to another, or acquired informally by prescription over the course of years. Currently, there is no time limit for a claim of infringement, therefore disputes can drag on for years. In some cases, the courts can order a building to be demolished once it has been built.

The Commission recommendations include a statutory notice procedure setting a time limit for injunctions; a statutory test to clarify when courts may order damages to be paid rather than halting development or ordering demolition; and an updated procedure to prevent neighbours acquiring rights by prescription.

Law Commissioner, Professor Elizabeth Cooke said: “Our reforms will clarify the legal relationships between the parties, bring transparency and certainty, and reduce the scope for disputes.”

Issue: 7633 / Categories: Legal News
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MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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