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As the UK starts to see the shoots of Labour's efforts to get Britain building, the complex laws protecting the enjoyment of light by neighbouring property presents an obvious hurdle for development. In our latest article, we summarise how rights of light are acquired and explore the modern landscape facing developers, which inevitably results in another squeeze on their profit margins. We identify the two easy tweaks that would bring clarity for developers and insurance underwriters when assessing the risk of an injunction (which should lower the premiums for rights of light indemnity insurance). It’s a win:win!

We also take the opportunity in this article to remind owners and developers not to overlook tenants of surrounding property. Whilst it is easy to prevent rights of light being granted to a tenant or acquired by them during the term of their lease, we are seeing a trend in inconsistent lease drafting which can sometimes inadvertently blur the position. Check out our top five tips to avoid falling into this trap.   

The article features in the latest edition of the Law Society's Property in Practice magazine (subscribers only), but readers of our blog can access a copy here.

 

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Matthew Weal

Senior Associate, London

Matthew Weal
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Hugh Le Gear

Associate, London

Hugh Le Gear
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Shanna Davison

Professional Support Lawyer, London

Shanna Davison
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