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Rights of Light - Coggle Diagram
Rights of Light
1. Establishing what properties might have them
[1. Rights of Light Survey]
2. Rights of Light Legal Review
[1. Title deeds review]
[2. Tenancy review]
2. How might they have been acquired
[1. Express grant]
2. Implied grant - section 62 Law of Property Act 1925
[Is section 62 excluded from transfer/lease]
3. Prescription
[2. Lost modern grant]
1. Prescription Act 1932
1. 20 years enjoyment without interruption or consent
[1. Is there a consent in the title deeds/lease]
[2. Unity of title]
[3. Interruption of one year or more]
[4. Transferred rights]
3. What remedies are there
1. Types of injunction and issues
[2. Final injunction]
1. Interim injunction
[1. Cross-undertaking in damages]
3. Discretionary remedy
[1. Extent of injury]
[2. Conduct of parties]
[3. Public benefit]
2. Damages
1. Rights of light surveyor "book value basis"
[1. £5psf of light x a multiplier and capitalised]
2. Negotiating damages
[1. Hypothetical negotiation]
[2. A proportion of the development profit attributable to infringement]
[3. Proportion must "feel right"]
4. Solutions to possible claims
[5. Counterparty indemnities]
1. Deed of release
[1. Compensation amount]
[2. Full release or limited to agreed profile]
[3. Mutual or unilateral]
[4. Indemnity/warranty against tenant claims]
[5. Costs]
[6. VAT (has the adjoining owner opted to tax?)]
[7. Landlord's consent required?]
2. ROL Insurance
1. Basis of cover
[1. Wait and see]
[2. Proactive]
[3. Reactive]
2. Premium
[1. Payable in full]
[2. Staged payments]
3. Excess
[1. Aggregate]
[2. Per property]
4. Scope of cover
[2. Damages claim/compensation]
[3. Delay costs]
[4. Legal costs]
[5. Tenant claims]
1. Injunction risk
[1. Rebuild/redesign costs]
[2. Loss of market value]
3. Light Obstruction Notice
[1. Emergency procedure where close to acquiring rights]
[2. One year challenge period post registration]
3. Section 203 Housing and Planning Act 2016
[1. Appropriation by Local Authority for Planning Purposes]
[2. Developer is successor to local authority]
[3. Compensation (based on diminution in value)]
[4. Judicial review risk]
4. Acquiring post-development
[1. How long ago was the building completed?]
[2. Have there been any claims threatened?]
3. Are there deeds of release?
[1. Do deeds cover all impacted properties?]
[2. Do deeds cover tenants?]
[3. Have compensation sums been paid?]
[4. Has development been constructed as per permitted profile?]
5. Is there an insurance policy?
[1. Does it benefit successors/tenants]
[2. Review of terms]
[3. Has the developer complied with policy terms?]
6. Was there a section 203 appropriation?
[1. Has compensation been paid?]
7. What there a ROL report/legal review
[1. Reliance letter]