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• Title:The law of rights of light / Jonathan Karas.
  
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• Author/Creator:Karas, Jonathan, author.
  
• Published/Created:London : Wildy Simmonds & Hill Publishing, 2016.
  

• Holdings

  Holdings Record Display

  • Location:LAW LIBRARY (level 3)Where is this?
    
  • Call Number: KD940 .K37 2016
    
  • Number of Items:1
    
  • Status:Available
    

   
• Library of Congress Subjects:Solar access rights.
  
• Description:xxxi, 284 pages, 6 unnumbered pages of plates : color illustrations ; 24 cm
  
• Notes:"With technical appendices by Point 2 Surveyors"
  "Table of cases": pages xvii-xxvii.
  "Table of legislation": pages xxix-xxxi.
  Includes bibliographical references and index.
  
• ISBN:0854901647
  9780854901647
  
• Contents:Machine generated contents note: 1. Legal Nature of a Right of Light
  Nature of a right of light
  Distinction from restrictive covenant
  Statutory protection of light: the planning system?
  Statutory protection of light: high hedges
  2. Rights of Light: Creation
  Introduction
  Statute
  Creation by act of parties
  Creation of legal easements
  Creation of equitable easements
  nature of the rights which can be the subject matter of a grant (express or implied)
  Express grants
  Implied grants: generally
  Implied grants: Wheeldon v Burrows
  Implied reservations on the disposal of part?
  Implied easements on simultaneous dispositions?
  Words imported by Law of Property Act 1925, section 62
  Restrictions on grants
  Creation of right of light by long enjoyment: prescription
  Introduction: principles of prescription
  Common law prescription and lost modern grant
  Generally
  Length of enjoyment
  Time immemorial
  Lost modern grant
  Presumed grantors and grantees: fee simple owners
  Common law and lost modern grant: summary of position where tenements are subject to tenancies
  Quality of enjoyment: enjoyment as of right
  Quality of enjoyment: enjoyment in the nature of an easement
  buildings and apertures
  Prescription Act 1832
  Generally
  Length of enjoyment
  Quality of enjoyment: generally
  Prescription: buildings and apertures
  Buildings
  Apertures
  Grantors, grantees and tenants: Prescription Act 1832
  Prescriptive easements take effect as legal easements
  Crown and prescription
  Ecclesiastical property and prescription
  City of London and prescription
  Illegality and prescription
  3. Preventing a Right of Light Arising by Prescription: Consent and Obstruction
  Generally
  Consent
  Original parties to consent or agreement
  Servient owners' consent or agreement
  Agreement to consensual use by owner or occupier of dominant land
  Consent or agreement between landlord and tenant of dominant land sufficient to preclude tenant's rights?
  Construing agreements and consents
  Prescription, consent and successors in title
  Preventing a right of light arising by prescription: physical interruption
  Physical interruption of light: common law and lost modern grant
  Physical interruption of light: Prescription Act 1832
  Preventing a right of light arising by prescription: light obstruction notices
  Introduction
  right to register a light obstruction notice
  Certification
  Application for registration of light obstruction notice
  Registration of light obstruction notice
  effect of registration
  Other challenges to light obstruction notices?
  Application to Crown land
  4. Agreements Dealing with Light
  Introduction
  Construing deeds generally
  Express and implied grants of rights of light
  Permission, agreement or consent to enjoy light
  Restrictions on building which interferes with light: restrictive covenants
  Rights to construct buildings which interfere with light
  Exclusion of implied rights on transaction
  5. Successors in Title and Registration of Rights
  Introduction
  Unregistered land
  Land Registration Act 1925
  Generally
  Benefit
  Burden
  Land Registration Act 2002
  Easements in the course of acquisition
  Pending land actions
  Consents and agreements
  6. Nature and Extent of a Right to Light
  Generally
  Rights granted by deed or other instrument
  nature of prescriptive rights to light
  right to receive light through an aperture
  nature of the aperture through which light passes (or might pass)
  Aperture defines the extent of the right
  Alteration of apertures: `transferred rights'
  Right of light for a building not a particular room
  Right to receive light for reasonable use to which the building may be put
  Artificial light
  extent of the right does not depend on location
  Buildings which are already poorly lit
  7. Extinguishing Rights of Light
  Introduction
  Expiry of limited right
  Unity of ownership
  Merger?
  Extinguishment by express release
  Extinguishment by implied release: abandonment
  Estoppel per rem judicatam
  By statute
  8. Interference with Rights of Light
  Introduction
  Interference constituting breach of contractual obligations
  Interference with easements generally: nuisance
  Not what is taken but what is left
  Regard to future uses of premises
  Light from other sources
  Artificial light
  Badly lit premises
  Measurement and quantification of loss of light
  9. Statutory Authorisation of Interferences with Rights of Light
  Introduction
  Statutory authorisation generally
  Town and Country Planning Act 1990, section 237
  10. Remedies for Interference with Rights of Light
  Generally
  Abatement
  Declarations
  Injunctions
  Prohibitory, mandatory and quia timet injunctions
  Final injunctions
  Interim injunctions
  Damages instead of an injunction?
  Jurisdiction
  wide discretion
  Shelfer guidance and `small' money payments: a problem
  Would it be oppressive to grant an injunction?
  Oppressive to grant an injunction: delay in seeking relief
  Oppressive to grant an injunction: mandatory or prohibitory injunctions?
  Oppressive to grant an injunction: claimant's interest in money?
  Discretion: public benefit and planning permission
  Discretion: availability of artificial light?
  Discretion: availability of reflected light?
  Quantification of damages instead of an injunction
  Damages
  Contractual damages
  Tortious damages
  Tortious damages: quantification of diminution in value
  `book value'
  Aggravated and exemplary damages
  Aggravated damages
  Exemplary damages
  Quantification of damages instead of an injunction: principles
  Background
  habitual practice of the courts pre-Coventry v Lawrence?
  Consistent approach also in rights of light cases
  Damages not an account
  Coventry v Lawrence: a different approach?
  11. Reform
  Appendices
  A. Quantification of Light and its Loss
  B. Valuation of Light and its Loss
  C. Legislation
  C1. Prescription Act 1832 (1832 c 71), Extracts
  C2. Law of Property Act 1925 (1925 c 20), Extracts
  C3. Rights of Light Act 1959 (1959 c 56)
  C4. Local Land Charges Act 1975 (1975 c 76), Extracts
  C5. Senior Courts Act 1981 (1981 c 54), Extracts
  C6. Town and Country Planning Act 1990 (1990 c 8), Extract
  C7. Party Wall etc Act 1996 (1996 c 40), Extract
  C8. Land Registration Act 2002 (2002 c 9), Extracts
  C9. Anti-social Behaviour Act 2003 (2003 c 38), Extracts
  C10. Tribunal Procedure (Upper Tribunal) (Lands Chamber) Rules 2010, SI 2010/2600 (L15), Extracts.