A property may have a right of light, often simply via the windows. If a new development threatens to block out the light to another property, this could amount to a breach of this right. The right of light is usually established by prescription when it is shown that the light has already been enjoyed for a period of at least 20 years.
Stirling Ackroyd Legal is a leading London Law firm, offering a wide range of legal services. Our specialist property law solicitors can provide sound advice on all aspects of the right of light. Whether you are concerned about facing a possible action for breaching the right of light of a neighbour, or if the right of light to your own home has been infringed, we can help you.
What happens if you are in breach?
If the right of light is established and a breach is found to have occurred, it may be possible for the claimant to apply for an injunction, and financial compensation, known as damages, may also be awarded.
Development in London is continuous, and as such, developers sometimes approach the owners of neighbouring properties when an infringement is foreseeable, in order to offer them a settlement in advance of any future claims, usually involving financial compensation for the infringement as well as all related costs.
Check with us
If you have been approached by a developer about releasing the right of light, or if you need advice on any aspect of the establishment, infringement or defence of the right of light relating to any property, please contact us. A member of our specialist property team will be very happy to help you.
Should you wish to know more about the services we offer, please feel free to contact our client services department via firstname.lastname@example.org, or give us a call 0203 058 3365.