Whether you are planning a new development such as a block of flats or housing estate, or an extension to an existing property, you need to be aware of ‘rights of light’ before you start any construction work. And if you own a property and there is a new development nearby which concerns you, then read on.

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 may have acquired a ‘legal right of light’ through that window.
This means that if, for example, your neighbour builds a structure which affects the level of light illuminating a room through that window, you may be able to either prevent that structure from being built, have it taken down or claim damages from your neighbour for the ‘injury.’ Our right of light solicitors in Benfleet can advise you.
If you want to develop or extend property in Benfleet, our right to light consultants in Benfleet can help you investigate whether any neighbour’s windows have acquired legal right of light over your land, as this will impact what you can and cannot do.

If Legal Rights of Light Exists:

  • If your build will affect your neighbour’s level of 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 building that is being or has been developed nearby affects the level of light reaching your property in Benfleet – you may be entitled to either prevent the development or receive compensation in return for the ‘injury’ to your light.
  • We consult with a specialist right of light surveyor, who will work closely 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.

Our Right to Light Specialists

We use our expertise alongside highly qualified local surveyors to assess the legal ramifications of any right to light breach. Whether you are a private homeowner, commercial business owner or developer, we will then use our specialist knowledge to protect your legal rights. If a dispute exists and it can be resolved, which often includes the payment of “damages” to compensate the neighbouring property, then a Deed of Release will almost always be required in order to ensure that there is legal protection going forward. BTMK’s specialist solicitors will ensure that all of the paperwork is dealt with formally to avoid problems in the future.

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Adam Fleming

Litigation & Dispute Resolution | BTMK Todmans

Gabriella Shepherd

Litigation & Dispute Resolution | BTMK Todmans

Emily Aylott

Litigation & Dispute Resolution | BTMK Solicitors

Makayla Phillips

Resolution, Insolvency & Insolvency Litigation | BTMK Solicitors

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