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Right to light is a form of easement in English law that gives a long-standing owner of a building with windows a right to maintain an adequate level of illumination. The right was traditionally known as the doctrine of " ancient lights ". [ 1 ]
The following rights are recognized of an easement: Right to light, also called solar easement. The right to receive a minimum quantity of light in favour of a window or other aperture in a building which is primarily designed to admit light. Aviation easement. The right to use the airspace above a specified altitude for aviation purposes.
Easements in English law are certain rights in English land law that a person has over another's land. Rights recognised as easements range from very widespread forms of rights of way, most rights to use service conduits such as telecommunications cables, power supply lines, supply pipes and drains, rights to use communal gardens and rights of light to more strained and novel forms.
A historical example of Solar access is Ancient Lights, a doctrine based on English law that refers to a negative easement that prevents the owner or occupier of an adjoining structure from building or placing on his own land anything that has the effect of obstructing the light of the dominant tenement. In common law, a person's window on his ...
Such rights can generally be created in one of two ways: either by an express agreement between the party who owns the land and the party who seeks to own the interest; or by an order of a court. Under the common law, there are five variations of such rights. These are: easements; profits; restrictive covenants; equitable servitudes, and; licenses
Easement ("the right of use over the real property of another") Freedom to roam; Land rights; Littoral rights: rights to ocean and beach in front of property; Prior appropriation water rights; Riparian water rights: rights to river water in front of property; Subsurface rights: rights to oil or minerals under property; Transferable development ...
Home and Colonial Stores owned land at 44 Worship Street, Shoreditch, London EC2. They proposed to erect a tall building on the site. Colls owned a property immediately opposite number 44 and objected to the erection of the new building due to the effect this would have on light to a clerks’ office on the ground floor of his building.
A solar easement is a right, expressed as an easement, restriction, covenant, or condition contained in any deed, contract, or other written instrument executed by or on behalf of any landowner for the purpose of assuring adequate access to direct sunlight for solar energy systems.
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