Property Litigation Solicitors covering Right to Light
Advice on rights to light at an early stage can save you significant costs, either as an individual extending your property, or as a business commencing the construction of a new development.
Equally, such advice can ensure that you are not effected by an intrusive development, or ensure that you are adequately compensated for any losses you sustain.
What is A Right to Light?
Some rights to light can be expressly granted in a deed affecting your property. However, this is rare and more commonly they arise through 20 years or more continuous enjoyment of light into your property. Such use does not only extend to your use, but also to that of your predecessor, albeit you will need a predecessor’s assistance in any such claim.
How can we help you today?
Should I consider my neighbour when deciding how to extend my property?
You absolutely should take the step of ascertaining the extent of the light your neighbour benefits from and whether that light will be impacted by your intended works. Expert advice should be obtained in relation to the intended works, to ascertain whether such works will impact on your neighbour and if so, to what extent. A failure to do so could result in delays to your development, or you being required to demolish part or all of the structure you have built.
Such a step is particularly important during a large development, and should be considered at the planning stage, to ensure that any claims do not delay works, which could well be dependent on time limited finance.
Will a reduction in light automatically give rise to a claim?
This a complex question to answer, but in short there is no automatic claim simply due a building affecting the level of light. The level of disruption will need to be assessed by a surveyor who will determine the level of light you will lose, and how this will impact on your use of the premises. Some losses of light will not result in a claim arising.
It is important to have the light levels in your property assessed as quickly as possible, and preferably before any building is constructed, so that the exact extent of your light levels can be ascertained. A surveyor can however assess the position after works have started, and an early instruction remains preferable.
What remedies can I obtain?
Remedies for an obstruction to your right to light could include damages for the loss of light, or an injunction forcing you/your neighbour to cease construction or indeed remove the structure which obstructs the light levels.
Damages can be substantial, particularly if the obstruction is significant, or reduces light levels to an unacceptably low level. It is therefore important to ensure that you are guided by the right team of professionals to ensure that you receive the correct level of damages you are entitled to.
Our team is well versed in attending to such matters, either at planning level, during a build or even after a build had completed. Our team can also guide you through various forms of Alternative Dispute Resolution, which can assist you in receiving the correct level of compensation without the need for formal proceedings.
OUR CLIENTS SAY…
“Lorraine provided quick and thorough advice on a potentially complicated property matter. She explained everything very clearly and enabled me to feel confident in my options and decision.”
Penelope
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Paul Robinson Solicitors is a thriving independent law firm committed to providing exceptional service to clients nationwide, with offices situated throughout London, Essex and Cornwall.
Established in 1983, the firm has steadily expanded over the past 45 years, offering an extensive range of legal services to both personal and commercial clients. The team of highly experienced and skilled solicitors specialises in various fields and is dedicated to providing an outstanding level of service to achieve positive outcomes for their clients. The firm’s cutting-edge technology and efficient systems, together with its support and managerial staff, ensure maximum efficiency, accuracy, and cost-effectiveness.
