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Rights of Light Act (Northern Ireland) 1961

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1Registration of notice in lieu of obstruction of access to light.N.I.

(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)

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

F1[(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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F11976 NI 21

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