Whether you are a developer, landowner or tenant, you are likely to encounter issues in relation to rights of light.
A ‘Right to light’ refers to a property owner’s right to receive sufficient natural light through an existing opening (such as a window). In English law, it is a form of easement, and must be considered even where planning permission has been granted.
Where a property owner’s rights to light may be affected by the development of an adjacent property, the infringement may give the owner the right to seek an injunction to have the proposed development altered, or to seek compensation once their right to light has been affected.
Rights of light issues can often be complex, so you must make sure that you seek legal advice as soon as a potential issue arises.
Hamlins’ Property Litigation team has expertise in all aspects of rights of light claims, including:
- Dealing with light obstruction notices, both temporary and final.
- Advising on the acquisition of rights of light.
- Advising on strategy for new developments.
- Dealing with the release of rights to light.
- Advising in relation to potential claims for infringement of a right of light.
- Defending rights of light claims.
- Advising on crown immunity and abandonment.
If you have any questions or concerns regarding any rights of light or potential rights of light issues, Hamlins’ Property Litigation team can provide the help and advice you need.