Are you planning a new development, for example a housing estate or a block of flats? Or perhaps an extension to existing property? Do you own a property near to other property or land which is being developed? Then you should be aware of ‘rights of light’
What is a legal Right of Light? If a window in your home or commercial premises has existed for more than 19 years and 1 day then you will probably have acquired a ‘legal right of light’ through that window. If your neighbour builds a structure which affects the light through that window, you may be able to either prevent that structure from being built or claim damages from your neighbour for the ‘injury.’
If you want to develop your property you will need to investigate whether any neighbouring windows have acquired this legal right of light over your land.
If legal rights of light exist:
And your build will affect your neighbour’s light – your neighbour might be entitled to an injunction to prevent you from building, or you may have to pay them compensation for their loss of light.
If a nearby development affects the light to your property – you may be entitled to either prevent the build or receive compensation in return for the injury to your light.
We work closely with specialist Right of Light Surveyors, who will work with us to achieve the right outcome for you. That could be an appraisal of any financial exposure you may have or the likelihood of you obtaining damages.