Rights of light: hugely important reforms proposed by the Law Commission - .PDF file.
The Law Commission has published a consultation paper containing its recommendations for reforming the law on rights of light. This briefing from Nabarro explores the Law Commission’s proposals.
The Commission is proposing the following changes to the current law:
- Existing prescription will be abolished as a way of acquiring a right of light. This reform will not affect rights of light which have already been acquired, but it will no longer be possible to acquire new rights of light by prescription.
- A statutory test, setting out when a court can award damages instead of an injunction.
- A statutory notice procedure requiring someone with the benefit of a right of light to clarify early on whether they intend to apply to court for an injunction.
- The power for the Lands Chamber to extinguish existing rights of light which are obsolete or have no practical benefit…
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