A right to light is an easement and is the right to receive sufficient natural light through a defined aperture. If a development reduces the amount of light received by a neighbour to below a certain level it will constitute a common law nuisance, and the neighbour may seek an injunction to prevent the development and/or obtain damages depending on the severity of the loss. Rights of light should be considered as early as possible in any development, so that potential claims can be avoided or factored into the scheme.

Our service, for developers, designers and neighbours includes:

• Advising on the likely effect of a proposed development
  on the rights to light enjoyed by neighbouring properties

• Researching neighbours' rights and site histories and reviewing
  legal documents

• Advising on the likelihood of neighbours obtaining injunctions,
  or whether compensation may be an adequate remedy and the
  likely levels

• Provision of three-dimensional computer models and sky-factor
  contour plans; calculating the value of the
  light loss

• Negotiation and settlement of claims

• Provision of three-dimensional computer models detailing the
  parameters within which a site could be developed to avoid
  rights to light issues

• Advising on the use of Light Obstruction Notices to prevent
  neighbouring properties acquiring rights to light

GL Hearn provides rights to light advice to our varied client base, both developers and neighbours. We work with our clients, their designers and legal advisors, to assess and manage the risks posed to their developments by rights to light issues. Our use of the latest computer technology to provide development envelopes, together with advice on the use of light obstruction notices, provides valuable pre-acquisition guidance on the risks and potential of new sites.

Neighbourly Matters: Rights to Light PDF (144KB)

For more information contact:
		paul_smith@glhearn.com