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Brandon House Hotel Returns to its Full Glory

Most conservation challenges are complex and many difficult challenges have arisen during the Works. Isabel Barros Architects are proud to have achieved a fantastic result through good collective teamwork and strict budget control.

River House – Kilkenny

The site presents a number of challenges, including a house over 150 years old, the proximity to a Special Area of Conservation (River Nore), the existing topography, and so on…

The Secret Guide to Deal with Architects – Take 10

Good or bad! Your Architect wants to hear from you. Your Architect wants to know if you are happy with his/her services, how can he/she improve or if there is a better way to do things.

Irish Construction Costs 2017

Useful information to guide you on the costs for your construction project in Ireland. This will help you to estimate an approximate figure for your building costs.
In 2017 the Irish economy will continue to recover but a shortage of skilled labour has lead to an upward trend in tender levels.

The 15,000 Tile Building

Covering external walls with ceramic tiles is a Portuguese tradition with at least 500 years. The new MAAT (Museum of Art, Architecture and Technology) in Lisbon took this tradition one step further and used 15,000 wall tiles to cover its walls.

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China in Your Hand

The 2018 Chinese New Year begins today (Friday, February 16) and to celebrate we are sharing some aerial photos of some unique places in China.

The Chinese New Year is based on the lunar calendar. The lunar calendar means the celebration always falls on a different date – unlike the January 1 New Year we are used to, based on the Gregorian calendar.

This year is the Year of the Dog. For people born in a dog year – 1922, 1934, 1946, 1958, 1970, 1982, 1994, 2006 – you’re apparently set to have an unlucky time because tradition denotes that the year of your birth makes for an unlucky 12 months! Maybe you can change your luck if you find our hidden Fortune Cookies.

Best of luck and Happy Chinese New Year!

 

1. The Great Wall

 

2. Xi’an

 

3. Hong Kong

 

4. Chengguan

 

 

5. Forbidden City

 

 

6. Shangai

 

7. Beijing

 

Right to Light

A right to light is a right enjoyed over land belonging to someone else. It benefits buildings on the dominant land, allowing them to receive light into those buildings through particular apertures (windows, skylights and glass roofs) across the neighbouring servient land.

Unlike most easements – such as rights of way and rights of drainage, which allow one landowner to do something on another’s land – a right to light is said to be negative. A negative easement prevents a neighbour from doing something on his or her own land. So an owner of land burdened by a right to light is prevented from obstructing the light passing over his or her land in such a way that causes a nuisance to the owner of the land benefited by the right.

A right to light can prevent someone with an interest in the servient land from substantially interfering with the access of light on the dominant land.

Historically, a right of light could be established over time under the Prescription Act 1832. The aim of the 1832 act was to alleviate the difficulties caused by common law prescription and the doctrine of lost modern grant. By virtue of section 3 of the Prescription Act, a right of light can be acquired if the right to light has been enjoyed without interruption for a period of at least 20 years without the consent of a third party.

The Land and Conveyancing Law Reform Act 2009 repeals the 1832 act, which had been effective in Ireland since 1 January 1859. A key change in the 2009 act is that the requisite period of use to establish an easement has been reduced to a fixed term of 12 years. Therefore, any person who has enjoyed the benefit of a right to light (or any other easement) will be entitled to apply to the court to obtain an order confirming this right. Under the 2009 act, unless an action to obtain a court order confirming the right was brought within three years of 1 December 2009, the rights acquired under the 1832 act will have been lost and such a right will not be reacquired until 2021 at the very earliest. This transitional period of three years was extended to 12 years under section 38 of the Civil Law (Miscellaneous Provisions) Act 2011. In addition, section 37(1)(b) of the act seeks to simplify matters further and provides for an application to be made directly to the Property Registration Authority under a new section 49A of the Registration of Title Act 1964, without the need to apply for a court order. The disadvantage of the extension is that the archaic provisions of the 1832 act will continue to apply until 2021 instead of 2012, as was intended.

The economic success of the ‘Celtic Tiger’ years, coupled with our increasing population, has resulted in high-density development in city-centre locations, and the proper regulation of a neighbouring landowner’s right to light has not been monitored with any great effect. The Planning and Development Act 2000 is what the planning authorities rely on for the control of developments, but is not sufficient for dealing with an individual’s legal right to light. The grant of planning permission is not in itself a ‘right to build’. It cannot trump the legal entitlements of a neighbour.

The Irish courts have not dealt with the issue of a right to light in great detail, however, when considering how much light equates to ‘comfortable use’ and ‘enjoyment’. On the whole, there is a lack of statutory guidance and case law on an individual’s right to light in Ireland, and it is this lack of precedent in the area that should cause developers deep concern.


While the threat of a right-to-light claim in this country has never been explored in any great detail by the Irish courts, it doesn’t mean such a right does not exist in Irish law, or that a landowner claiming infringement of a right to light could not frustrate property development here to the same extent as is possible in Britain.

 

Extract from article written by Terry O’Malley and Published in the “Law Society Gazette” Jan/Feb 2014 Edition.

Terry O’Malley is a solicitor in the property department of Eversheds.

 

Other articles of interest:

Isabel’s Picks for Winter 2017

LIGHT IS THE SPIRIT

Let it shine through you

VMZinc, Morph Bar stool, Zeitraum, christmas lights, Moroccan, Superfresco Java Wallpaper, brown zinc

 

1. STOOL

Brand: Zeitraum

Designer: Formstelle

Name: Morph Bar stool

Price range: €800

Material: Solid american walnut.

Available to Ireland from:  Made in Design

 

2. ZINC  

Manufacturer: VMZinc

Price range: n/a

Material: Pre weathered zinc – Pigmento Autumn Red.

Applications: Roofing and façade systems.

Available in Ireland from:  Metal Processors Limited

 

3. LIGHTS

Name: Christmas Lights

Price range: €13.87

Bulbs: 20 LEDs

Colour: Warm white.

Available in Ireland from:  HappyNesty

 

4. WALLPAPER

Brand: Graham & Brown

Range: Superfresco

Product name: Superfresco Java Wallpaper – Beige

Price range: €19.99/roll

Available in Ireland from: Littlewoods Ireland

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