RIGHTS OF LIGHT ACT (NORTHERN IRELAND) 1961

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RIGHTS OF LIGHT ACT (NORTHERN IRELAND) 1961 - SECT 1



1.(1) For the purpose of preventing the access and use of light from being
taken to be enjoyed without interruption, any person who is the owner of land
(in this Act referred to as "the servient land") over which light passes to a
dwelling house, workshop or other building (in this Act referred to as "the
dominant building") may apply to the registrar of titles for the registration
of a notice under this section in the Statutory Charges Register.

Subs.(2) rep. by 1970 c.18 (NI) s.97 sch.14

(3) An application for the registration of a notice under this section shall

[(a)be accompanied by a fee of five pounds payable in the same manner in which
fees may be paid to the Land Registry;]

(b)state the name, address and description of the applicant and be signed by
him;

(c)contain a description, by reference to a map or plan drawn to a scale
sufficient to enable the servient land and the dominant building to be
identified accurately upon the ordnance map for the area within which they are
situated;

(d)state the postal addresses of the servient land and of the dominant
building;

(e)state the names, addresses and descriptions of all the persons who, at the
time when the application is made, appear to the applicant to be persons
likely to be affected by the registration of a notice in pursuance of the
application;

(f)state that the registration of a notice in pursuance of the application is
intended to be equivalent to the obstruction of the access of light to the
dominant building across the servient land which would be caused by the
erection, in such position on the servient land as is specified in the
application, of one, and not more than one, opaque structure of unlimited
height.

(4) The registrar of titles shall not register any notice under this section
unless he is satisfied

(a)that adequate notice of the proposed application for registration has been
given by post to all the persons described (pursuant to paragraph (e) of
sub-section (3)) in the application, and to any other person who appears to
him to be likely to be affected by the registration of a notice in pursuance
of the application; and

(b)that an adequate advertisement of the proposed application has been
published in a newspaper circulating in the district in which the servient
land and the dominant building are situated.

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Northern Irish Legislation

RIGHTS OF LIGHT ACT (NORTHERN IRELAND) 1961 - SECT 1