Policy in practice: reforming private law fetters to housebuilding

 In the latest episode of our policy in practice podcasts, David Gauke, Eloise Illingworth, and Tom Weekes, KC of Landmark Chambers discuss fetters to housebuilding from private property law in the form of restrictive covenants as well as easements, such as rights of way and rights of light.

They cover:

• what restrictive covenants and easements are;
• the impact that restrictive covenants and easements have on property development;
• how rights of light are acquired and their effect; and
• how the law might be reformed in order to facilitate housebuilding.

If you would like more information or want to discuss any of the topics in this podcast, please get in touch with David or Eloise.

Summary

In this latest policy in practice podcast episode, David Gauke, head of public policy at Macfarlanes, is joined by Eloise Illingworth, senior associate, and Tom Weekes KC of Landmark Chambers, barrister specialising in property litigation, to discuss key challenges facing property developers from a private law perspective, with a focus on restrictive covenants and easements.

The conversation begins by exploring what restrictive covenants and easements are, why they matter, and how they can impact the viability and/or affordability of development.

The discussion then moves on specifically to rights of light, how these are acquired, and what impact they have.

Lastly, the team discuss potential reforms to the law, including the reasons why reforms may not have been carried out to date, and how reform could be delivered in future.