- February 18, 2013
- Posted by: Josiah Hincks Solicitors
- Category: Property Law Updates
The Law Commission has published its consultation document designed to bring the law on rights to light up to date.
The major proposed changes are:
- An abolition of the provisions of the Prescription Act 1832 relating to the right to light and their replacement with a statutory test which will determine when a person becomes entitled to damages for loss of light as opposed to an injunction to prevent the loss. This will abolish the automatic right to light where it has been enjoyed over time.
- A new procedure will be interdicted whereby the person who will be affected by a proposed loss of light will be entitled to advance notification of the fact.
- Obsolete rights to light will be able to be extinguished by a new legal procedure.