The Law Commission has laid out a number of proposals in its consultation in to rights to light, in a bid to bring greater clarity.
Key recommendations in the 132-page consultation, which is open until 16 May, include:
• the introduction of a statutory notice procedure, which would require landowners to tell potential developers within a specified time if they intend to seek an injunction to protect their right to light;
•the introduction of a statutory test to determine when courts may order damages to be paid rather than halting development or ordering demolition; and
• ensuring that rights to light can no longer be acquired by prescription; a measure designed to guard against future disputes.
Professor Elizabeth Cooke, Law Commissioner, said: “The commission’s aim is to bring more clarity, certainty and transparency into the law relating to rights to light, to reduce the scope for disputes and, where they do happen, make it simpler, easier and quicker for landowners, developers and the courts to resolve them.”
Anne Waltham, head of real estate litigation at law firm Wragge, added: “Eyebrows will be raised at the proposal to abolish the acquisition of future rights by prescription and developers may find the proposed statutory notice period time consuming.
“There is also no proposal to reform the assessment of equitable damages.”
• Download the consultation here.
• For full analysis of the paper, see EG’s Practice & Law section on 23 February.
Sarah.Jackman@estatesgazette.com
