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The book provides the authoritative statement on the current law on
rights of light in England and Wales. The protection of the access
of natural light to properties has been a part of our property law
for centuries but in recent years has come into particular
prominence. This is due to a number of reasons including the
existence of easements of light being regarded as an inhibition on
new development and the unsatisfactory nature of parts of the law
on this subject. This has given rise to two reports in recent years
by the Law Commission (one on easements generally in 2011 and one
on rights of light specifically in 2014), both containing major
proposals for law reform. The purpose of this legal textbook is to
explain the law as clearly as possible. In practice rights of light
issues and disputes involve technical subjects and inevitably
answers to these questions require the expertise of technical
experts such as light surveyors. An attempt is made in the book to
explain from a non-technical point of view the way in which
measurements and calculations are carried out in this area. It is
therefore hoped that the book will be of use to lawyers as well as
to landowners who may not always understand these technical
subjects and to surveyors who may not always be familiar with the
legal concepts and difficulties involved in the area of the law of
rights of light.
This book is a statement of the current law of compulsory purchase
of land and compensation for that purchase. It covers all major
aspects of the procedure for the compulsory acquisition of land and
deals in full detail with all aspects of the law of compensation
for such an acquisition. The many and diverse statutory provisions
are organised into a series of chapters containing all principles
and rules and there is a full analysis and explanation of the
leading authorities on the subject and the principles derived from
those authorities without which the subject cannot be understood.
The aim of the book is, not only to explain the statutory
provisions and to organise the various possible claims for
compensation into different heads, but also to explain and analyse
the substantial body of case law which has built up, particularly
in recent years, and the relationship between that body of law and
the underlying statutory provisions. The book also attempts to
explain the purpose of the statutory provisions and the reason for
the rules that are derived from the authorities. Chapters of the
book are devoted to the procedure for formulating and pursuing a
claim for compensation and to the valuation principles which must
be applied in advancing claims. An Appendix is provided by Mr
Nicholas Eden FRICS, a leading valuer in the field, which contains
examples of different types of compensation valuation with
annotations as to how the valuations are prepared and built up. A
further aim of the book is to provide, where possible, practical
advice to public authorities and landowners involved in the process
of compulsory purchase and compensation as well as to explain the
legal principles.
This work contains within a single book an account of all the forms
of estoppel in operation today, including estoppel by record (res
iudicata), as well as of the associated doctrine of election. There
can be few practitioners who do not at some time have to engage
with estoppel. Estoppel applies across all, or nearly all, English
civil law. In explaining each form of estoppel an attempt is made
to state the main elements which have to be proved to establish the
estoppel and then to detail each element with its various
components. At the end of each chapter a brief summary of the
estoppel is included so as to guide practitioners and others to any
question important in any particular case. The law of estoppel has
considerably advanced over recent decades, and over the last 10
years alone there have been major changes, such as the
clarification of the previously uncertain boundaries of proprietary
estoppel, a statement of the exceptions to the principles of res
iudicata, and the extension law as well as of fact. These and other
subjects are explained in full.
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