What is a Right to Light?

A Right of Light is a common law issue. It is an easement that an aperture can acquire either through the 1832 Prescription Act or by Express Grant. Acquiring a Right to Light through prescription requires the aperture to be in place for more than 20 years and the easement entitles the dominant owner to see a specific amount of sky from a certain percentage of the room. When a proposed development causes an infringement, the neighbouring properties are entitled to a remedy,.

Our Experience

A Rights of Light infringement can carry a huge liability for a Developer and have the potential to render schemes unfeasible. We have dealt with schemes on both a large and small scale and ensured that our clients’ best interests are met. Once we have been appointed we devise a strategy using our extensive technical, legal and practical knowledge to protect our clients’ interests.

Developers

The complications arising through Rights of Light matter can be significant. As a Developer you are at risk from time and monetary costs that are unlikely to be recovered. Considering Rights of Light at the acquisition stage can benefit your project through negotiating the purchase price or by providing a contingency if such problems arise.

Neighbour

As the owner of a Rights of Light easement you are entitled to see a specific amount of the sky from a certain percentage of the room. When an injury occurs you should receive a remedy. It is a very specialist subject and dealing with the Developers and their consultants can be confusing. It is recommended to consider having your own Rights of Light specialist who can look after your best interests.

Our Services

Below are details of the Rights to Light services we offer and what is included.

  • Site inspection, identifying properties with the potential of being impacted
  • An indicative massing which could be implemented within the built environment
  • The severity of infringements based upon a proposed scheme
  • Advice on how to proceed
  • The establishment of any easements that are presents and review of legal documentation available
  • Review of a scheme with or without planning and indicative risk assessment
  • The severity of injuries
  • Advice on how to proceed
  • Site inspection and property measurements
  • 3D modelling of the surrounding built environment
  • A maximum building envelope
  • Cutbacks to an existing proposal to limit any future claim arising
  • Site inspection and property measurements
  • 3D modelling of the surrounding environment
  • Analysis of the scheme and full calculation
  • Site inspection and property measurements
  • 3D modelling
  • Detailed report of the technical analysis
  • Indicative compensation values
  • The establishment of any easements that are present and review of legal documentation available
  • Review of a scheme with or without planning and indicative risk assessment
  • Advice on proceeding with claims
  • Review of technical analysis
  • Bespoke case appraisal
  • Review of legal documentation constructed following negotiations

How can AWH help?

Consistent communication. At every stage in the process, we contact you to provide updates.

Trusted advisors. We advise clients on a multitude of different facets of property, and would be pleased to help you with yours. See our testimonials page for more from our diverse range of clients.

Call us now on 0800 197 1240 or email us through our contact page.

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