Investigating and understanding the responsibilities, and avoiding the costly pitfalls if overlooked
Rights to light and party wall matters are often dealt with only late in the programme of development projects. This can result in litigation and/or costly remedial action. Understanding potential rights to light and party wall issues early in the development process is essential to the smooth running of any project and is necessary to avoiding delay and expense. This practical course is ideal for all surveyors, developers, planners, architects, property owners and their legal advisers. It will explain why these important issues need to be understood and how they should be handled appropriately. This one-day course, presented by specialists Dellah Gilbert (Partner, Dispute Resolution) and Michael Craik (Consultant, Construction) from Maples Teesdale, Ian McKenna (Partner) and Paul Lovelock (Partner) from Malcolm Hollis LLP will take you through the minefield of the legal and practical framework. Course Content: Rights to light- Rights to light – what to do when they arise
- What they are and how they are acquired
- How you can prevent them accruing and how to extinguish them
- How light is traditionally measured; including an emerging approach
- Valuation of damages
- How to avoid being injuncted
- The essential early planning and due diligence:
- Protect rights during the planning stages of development projects
- Avoid potential challenges later on when it may be too late
- Help with negotiations
- Assistance in a dispute situation
- Mitigating risks - Insurance options
- Case examples: a look at examples to highlight crucial lessons
Party walls
- What works are ‘notifiable’ under the Act
- The procedural requirements of the Act
- The consequences of non-compliance with the Act
- The implications for successors in title and how to address them
- Reclaiming costs under the Act
- Complications and pitfalls – and how to avoid them
- Case examples and the lessons they teach