Rights of Light is a specialist area of Property Law which often falls under the wider inclusive term of Neighbourly Matters, relating to buildings which have the right to receive light into the window openings.
Ultimately, a right to light is an easement. The easement relates to buildings which have either acquired or have been granted the right to receive light through define apertures.
Rights of light issues often occur where redevelopment of adjoining land takes place where a case arises to protect the light received through windows in existing buildings from unreasonable interference by new buildings. The remedies available to a person whose rights of light have allegedly been infringed include the grant of injunctions and damages.
However, not all buildings or even all apertures within the building necessarily have a Right of Light. At Peacock Stevens, we will carry out the necessary research to identify where these rights exist.
Through the use of our RoL Modelling Analysis, we are able to carry out an assessment of the potential risk of injunction, and the likely level of damages. We can also advise how to modify a proposed scheme to reduce or overcome potential problems.
We also assist in the negotiation and settlement of Rights of Light claims, where the affected party and developer each appoint a surveyor to assess the impact on the rights.
Peacock Stevens were instructed to carry out a Right of Light Assessment in connection with a proposed residential development scheme to convert an existing public house and develop additional land which comprised the former car park adjacent to existing buildings.