Right to Light in UK Law

  • Lawrence (Katherine) and Another v Fen Tigers Ltd & others (No 1)
    • Supreme Court
    • 26 Febrero 2014
    ... ... to a defendant to contend that he has established a prescriptive right to commit what would otherwise be a nuisance by means of noise; ... the so-called "servient" land, such as a right of way, a right to light, a right of support, or a right of drainage) can be acquired by ... ...
  • Jaggard v Sawyer
    • Court of Appeal (Civil Division)
    • 18 Julio 1994
    ... ... Numbers 7 to 10 lined the eastern (right hand) side. At the far (or northern) end of the cul-de-sac were a ... that there was no evidence suggesting that it was any more than the light traffic one would expect from the addition of an 11th house. Mrs Jaggard ... ...
  • Hunter v Canary Wharf Ltd
    • House of Lords
    • 24 Abril 1997
    ... ... is capable of constituting an actionable nuisance, but (2) that a right of exclusive possession of land is necessary to entitle a person to sue in ... 389) ; and, again in the absence of an easement, it may take away light from his neighbour's windows ( Dalton v. Angus (1881) 6 App.Cas. 740 , ... ...
  • Stoke-on-Trent City Council v W. & J. Wass Ltd
    • Court of Appeal (Civil Division)
    • 29 Julio 1988
    ... ... The Council alleged that the Company was infringing their right to operate their own market at Fenton on Thursdays. It claimed an ... Dick McNeil Associates Ltd. [1986] 1 WLR, 922 (where a right to light was wrongfully obstructed). In each of those cases the plaintiff's claim ... ...
  • Regan v Paul Properties Ltd and Others
    • Court of Appeal (Civil Division)
    • 26 Octubre 2006
    ... ... under way by the time of the hearing, interfered with his rights of light. In essence two main points arose. The first was whether, as the claimant contended, there was an interference with his right to light. The second was whether, if so, an injunction should be granted ... ...
  • Hanlon v The Law Society
    • House of Lords
    • 01 Mayo 1980
    ... ... In the light of his great experience of the type of topics involved, he has prepared a ... first instance in a judgment which was in my respectful opinion as right as it was clear ... 2 Reeve J. had not, however, been asked to decide ... ...
  • Colls v Home and Colonial Stores Ltd
    • House of Lords
    ... ... - Substantial Interference - Nuisance - Damage - Measure of Right - Angle of 45 Degrees - Mandatory Injunction - Inquiry as to Damage, ... actionable obstruction of ancient lights it is not enough that the light is less than before. There must be a substantial privation of light, ... ...
  • Boyce v Paddington Borough Council
    • Chancery Division
    • 1903
    ... ... - Open Space - Hoarding to prevent Acquisition of adjoining Owner's Right to Light - “Building” - Non-joinder of Attorney-General - Metropolitan ... ...
  • Bocardo SA v Star Energy UK Onshore Ltd
    • Court of Appeal (Civil Division)
    • 15 Junio 2009
    ... ... , without obtaining that landowner's agreement, or an “ ancillary right” 2 pursuant to statute to do so, the licensee bores pipelines at ... construction of section 8(2) of the 1966 Act ? (ii) In the light of the conclusion on (i), how should section 8(2) be applied by the ... ...
  • Dalton v Henry Angus & Co; Commissioners of HM Works and Public Buildings v Henry Angus & Co; sub nom Angus & Company v Dalton
    • House of Lords
    ... ... A right to lateral support from adjoining land may be acquired by twenty years' ... interrupt them, and as, on the supposition of a grant, the right to light may be gained from not erecting a wall to obstruct it, the right to ... ...
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