RIGHTS OF LIGHT

RIGHTS OF LIGHT

At Anderson Wilde and Harris we have been specialising in assisting both developers and neighbours with their Rights of Light matters for over 15 years.

Rights of Light is an easement enjoyed through an aperture, typically achieved via prescription over 20 years. The easement allows the owners the right to receive a minimum amount of light through the aperture and into a room. This includes a right to the light that passes over neighbouring land. If infringed upon, the neighbour does have an injunctive right over the offending development however, it is common for monetary compensation to settle the matter. It is therefore critical to extinguish any claims.

Rights of Light carry a huge liability for a developer and has the potential to render a scheme unfeasible. We have an expansive knowledge base and can advise on legal, practical and technical issues.

Is a Daylight, Sunlight and Overshadowing report different to a Rights of Light report?

Yes. A Daylight, Sunlight and Overshadowing report shows the planning considerations needed, whereas Rights of Light is a common law right. During the planning process planners are usually only concerned with planning considerations.

We work with planners, architects and developers to achieve best outcome for each situation. Our skills are widely recognised and we have previously been appointed expert witness in high profile court cases.

Rights of Light services we provide:

  • Initial feasibility reports
  • Rights of Light Assessments
  • Design advice, cutbacks and envelopes
  • Consultancy advice
  • Negotiation
  • Expert witness reports

We undertake detailed analysis using our in-house CAD team, with 3D modelling and bespoke software to achieve exact levels of light, and from these results we can calculate a value of loss.