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ARTICLE · 07 MARCH 2013

The Future Is Light…?

Charles Russell Speechlys LLP
Charles Russell Speechlys LLP
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Charles Russell Speechlys LLP

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The Law Commission recently published its Consultation Paper on rights to light, starting a consultation period which will end in mid-May 2013.

United KingdomReal Estate and Construction
Emma Humphreys
Emma Humphreys

The Law Commission recently published its Consultation Paper on rights to light, starting a consultation period which will end in mid-May 2013.

The proposals for the reform of rights of light have three key aims:

  • introducing greater certainty and transparency into the law relating to rights to light, making disputes simpler, easier and quicker to resolve;
  • ensuring that rights to light do not unnecessarily constrain development; and
  • retaining some protection of rights to light as a valuable and protected amenity.

Background

This latest Consultation Paper follows the Law Commission's report in June 2011 on Easements, Covenants and Profits à Prendre, which contained various recommendations for the reform of property law in this area. The Law Commission felt that rights of light deserve special attention given that they "appear to have a disproportionately negative impact upon the potential for the development of land".

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