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Rights to light: An issue in transition
This paper examines the concept of ‘right to light’ and details the legal status of such rights. Through an examination of the relevant case law, it looks at how rights to light can be enforced, and the Courts’ approach to dealing with disputes arising from their infringement. Finally, it looks at the proposed legal reforms to the issue put forward by the Law Commission in December 2015, and considers if they go far enough to give certainty to both developers and individuals who may benefit from rights to light.
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Justin Mason is a Partner in the Commercial Property team of Capital Law LLP. He is a solicitor with over 17 years’ experience specialising in development work and regeneration. Justin’s focus is on advising clients on site assembly identification of issues which may be an impediment to development and providing advice to seek resolution of those either prior to, or during the planning process.
Stephen Meade is a Partner in the Dispute Resolution Team at Capital Law LLP. He has been practising as a solicitor for over ten years, previously having been called to the Bar. Stephen has particular expertise in all aspects of contentious property and construction work, including rights to light issues. Stephen works closely with clients to find practical solutions to legal problems.