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ARTICLE · 02 FEBRUARY 2015

The Future Is Light…?

Charles Russell Speechlys LLP
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Charles Russell Speechlys LLP

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The long-awaited final report on rights of light was finally published by the Law Commission in December, following the consultation process which ended in May 2013.

United KingdomReal Estate and Construction
Emma Humphreys
Emma Humphreys

The long-awaited final report on rights of light was finally published by the Law Commission in December, following the consultation process which ended in May 2013. Running to 241 pages, it's not a light read – but it does include some draft legislation in the form of the Rights to Light (Injunctions) Bill.

Why is action needed to address the law on rights of light?

The Law Commission has been assessing whether the current law under which rights to light are acquired, enforced and extinguished provides an appropriate balance between the need for development of land and the interests of neighbouring property owners. Concerns about this balance were noted by the Law Commission in its report in June 2011 on Easements, Covenants and Profits à Prendre. It concluded that the law on rights of light should have special attention given that they "appear to have a disproportionately negative impact upon the potential for the development of land".

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