Law and Building Surveying Professional Practice | Assignment
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Added on 2019-09-20
Law and Building Surveying Professional Practice | Assignment
Added on 2019-09-20
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Law and Building Surveying Professional Practice, Law and Housing Professional 1Situation:I work in a multi-disciplinary surveying practice. My supervisor is Tony Jackson who has received and e-mail from the client named ‘Alan Jones’ of NDL. NDL owns a site in Newcastle upon Tyne which is being developed to create new student accommodation. NDL have entered into a building contract for phase one of the scheme with Clipper Ltd which is due to complete on 1 May 2017. Work has yet to commence for phases two and three. NDL have encountered some problems about which they are seeking professional advice. Tony has asked me to carry out some research into these issues so that he is fully briefed before meeting with the client.Advice to Tony on the first issueIssue 1: On the opposite side of the street to Phase One of the scheme there is another development ongoing consisting of the conversion of warehouses into luxury apartments. The owner of that site has complained that the apartment block that has been constructed on NDL’s land has affected the daylight the warehouse buildings enjoy.AdviceUnder the ‘Building and Land Management Law’, there is a term called ‘easement’ which is concerned with the rights and duties of the owners of land. Every owner of the land has the right of support for his land from the other pieces of land that may be adjacent to it. This is the natural right with every owner of the land and this right exists because of the nature of land. This right can also be acquired and when it is acquired, it is called as ‘easement’ (Galbraith, 2013). Under this easement right, the owner is given a piece of land and he has the full right to use it or restrictits use if anyone else is trying to capture it or anyone else is making the land belong to him/her. Easement is of various types like (Juergensmeyer, 2013):
Law and Building Surveying Professional Practice, Law and Housing Professional 2When the owner of land gets the right to cross the land that belongs to other party, it is called easement of way.When the owner of land gets the right to store the goods on the land that belongs to someone else, it is called as the easement of storage.When the owner of land gets the right to get his land’s support by any land that belongs to someone else, it is called as the easement of support.Lastly, and relevant to this issue, when the owner of land gets the right to capture the flow of light to any building that is located on his land over the land that is owned by someone else. Then it is called as the easement of light. In this above issue, there is an apartment block that is being constructed on NDL’s land. This apartment block is restraining the daylight to enter in the warehouse buildings that are located onthe opposite side of streets. So, the owner of the warehouse buildings, who is trying to convert the warehouses into luxury apartments, has complained about the fact that his buildings cannot enjoy the daylight due to the construction of apartment block on NDL’s land. In light of this issue and the concept of easement, it can be assessed that the owner of the warehouse buildings has the right to capture the light in this building and he can sue the other owner of land whose construction is affecting the entry of light in the warehouse building. Easement is applicable when it burdens one piece of land called as the servient land for the advantage of other piece of land which is called as the dominant land. When the easement of light occurs, the dominant land owner can ask for the flow of light for the benefit of his dominantland. The easement is invalid if the dominant land is not benefitted (Owley, 2015). The benefit can be in terms of increase in the value of land or any other way. In the present situation, the easement is valid because the dominant and owner i.e. the land owner of the warehouse buildings
Law and Building Surveying Professional Practice, Law and Housing Professional 3is concerned about the daylight in the buildings. If there is not light; the apartments will not be bought by people as everyone prefers to live in those apartments where there is good natural light, so it can decrease the value of apartments. The complaint is for the benefit of the owner of dominant land. So, easement applies here and the owner has the right to get restraining orders forthe construction of the apartment block on NDL’s land. Then, no easement occurs if the dominant and the servient land is owned and occupied by the same person. This is because, if one person occupies both lands, then he will take care of his lands and he has the right over both of them. But, if the person owns both lands but the occupier is different like a tenet is living on one of the lands, so the easement can occur. In the above situation, the owners are different, so the owner of the warehouse building can practice his easement against the owner of the apartment block. In the above situation, it is recommended that NDL owner must stop his construction or revise it as the construction is blocking the light from entering into the other buildings on the opposite side of road. The easement principle of the ‘Buildings and Land Management’ law makes the complaint of the warehouse building owner valid and it is his right to get the easement of light. So, if the issue goes to court, the NDL owner will suffer losses, and therefore, he should make the apartment block in such a way that the other land owner rights and issues are taken into consideration and he is not harmed.
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