Rights to light, Rights of way (and other easements, and profits)

An easement is a right a landowner has over another’s land, such as a right of way. A profit is a right to take something from another’s land, such as hunting or fishing rights. The right may be expressly set out in a property document (deed or conveyance), it may be implied or, it may have been acquired over a period of long use. What rights are enjoyed over a person’s land will impact upon its value and can restrict or enhance a landowner’s enjoyment and future development plans.

We can help by:

  1. Advising as to the implications of the right over land and what impact it may have on a development, providing pragmatic strategic solutions as the issue arises.
  2. Liaising with and instructing specialist surveyors (rights to light) as to the extent of a loss and advising a client on the implications.
  3. Preparing and serving the relevant notices.
  4. Negotiating settlement including preparing deeds of release.
  5. Issuing and defending court proceedings and applications to the Land Tribunal for declarations as to the extent of any right, and issuing and defending injunction applications.

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