See below for some commonly asked questions that may help you.
ANSWERS TO YOUR QUESTIONS
A right of light is an easement that can be enjoyed by a property over another property (or piece of land). It is most commonly acquired by the windows in the property having enjoyed uninterrupted daylight for over 20 years. The right of light is a matter of Common Law and the details of it can be found in the Prescription Act 1832.
If the erection of a building reduces the daylight to a room (or rooms) within a neighbouring property to below a threshold level for rights of light purposes, this would constitute an infringement.
If it is established that your right of light will be infringed, you are entitled to have the matter appropriately remedied. The primary remedy for an infringement is an injunction, but in the vast majority of cases a financial settlement can be reached between the parties to avoid litigation.
The level of compensation is highly case dependent. Some key factors include: the level of light loss involved; the type of rooms impacted; the value of the property; how difficult it would be to remove the issue from the development and more. Once we have a better understanding of your position, we will be able to advise in this regard.
Planning is a separate matter from rights of light. Even if the development has planning permission,
this has no bearing on your right of light and you can still enforce your position.
The length of time to settle a claim is highly case dependent, but on average it takes around one year from start to finish.
ClearView Legal Solutions Limited, 124 City Road, London, EC1V 2NX
0800 048 7635
