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The Law of the Rights of Light

The Law of the Rights of Light (Hardback)

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Synopsis

The Law of Rights of Light is a new and comprehensive treatment of the controversial topic of rights of light.



It considers how rights can be established, what constitutes an infringement of those rights and what remedies can be provided for the infringement of those rights. It explains how claims may be defended and rights overridden using the mechanism under the Town and Country Planning Act 1990 s.237. By setting the law in its wider context, the book seeks to show that, despite the technicalities which arise, there are no legal problems with which a competent lawyer cannot grapple.



The book benefits from two technical appendices by Point 2 Surveyors. The first explains how light is measured; the second how losses are valued. These appendices also explain the limits of current methodology. These limits leave current methods ripe for reconsideration by the Courts.



The book will be an essential addition to the shelves of lawyers, surveyors and other property professionals.

LawLaws of Specific jurisdictionsProperty lawLand & real estate law Publisher: Wildy, Simmonds and Hill Publishing Publication Date: 29/04/2016 ISBN-13: 9780854901647  Details: Type: Hardback Format: Books
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Jonathan Karas is a subject editor of Hill and Redman's Law of Landlord and Tenant and author (with David Elvin QC) of Unlawful Interference with Land, second edition (2002). He has made substantial contribution to Halsbury's Laws of England, being a contributing editor to the Compulsory Acquisition title (1996), editor of the Distress title (2000, 2007 re-issues), the Forestry Title (2007 and 2009 re-issues) and editor of the Perpetuities and Accumulations volume.

More books by Jonathan Karas

Customer Reviews

AN IMPORTANT PRACTITIONER TEXT IN AN AREA OF MUCH NEIGHBOUR DISPUTE ON THE EMOTIVE SUBJECT OF RIGHTS OF LIGHT An appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers A number of books have appeared recently on the emotive subject of rights of light and this one, by Jonathan Karas QC, stands out as the best of the recent publications. Wildy, Simmonds and Hill have surpassed themselves this time in the complex and exciting area of easements which the author rightly says is often “treated warily by land lawyers”. Jonathan Karas gives us a new, short and comprehensive treatment of the controversial topic of rights of light in 300 pages by showing that they are simply just another legal subject albeit it one which can be the subject of so many neighbour disputes. The eleven chapters prove the point very well. This title explains how rights can be established, what constitutes an infringement of those rights and what remedies can be provided for the infringement of those rights, and it is a rare gem for its brevity. It also considers in highly practical detail how claims may be defended and rights overridden using the mechanism under the Town and Country Planning Act 1990, section 237 which will be of interest to the growing band of litigants in person. Karas also sets the law in its wider context showing that, despite the technicalities which arise, there are no legal problems with which a competent lawyer cannot grapple. Such an approach will be a genuine relief to many practitioners who often feel confounded by this subject although it is not as difficult as many perceive it to be. What we found of particular importance is that the title benefits from the two important technical appendices written by Point 2 Surveyors. The first explains how light is measured, and the second how losses are valued. These appendices also explain the limits of current methodology and are invaluable as a first line resource for advice. And, of course, these limits leave current methods ripe for reconsideration by the Courts. “The Law of Rights of Light” is both a welcome and an essential addition to the shelves of lawyers, surveyors and other property professionals. As the author says in his Preface, “some of the wariness of lawyers can perhaps be explained by the complex ways in which light and its loss have been measured” which we consider to be one of the greatest strengths of this excellent edition from Wildy, Simmonds and Hill. The appendices provide us with the “tools with which to ask intelligent questions of their technical witnesses” and will be of special help to Counsel. They also show some light (if we can put it that way) on some of the difficulties of the current methods which surveyors, as our expert witnesses, might face and they suggest how practice in this area may develop in the future. To us, as specialists in easement and covenant cases, this work is invaluable for neighbour disputes which remain on the increase. Thank you, Jonathan Karas. The law is stated as at 1st January 2016.

- 24/06/2016
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