Right to Light
We have been assisting Developers and Neighbouring Owners in Right to Light disputes for over a decade. From large commercial schemes in Central London to smaller infringements between neighbours, we have a wealth of experience.
What is a Right to Light?
A Right to Light is a negative easement and a legal right to a property. Usually established via prescription (20 years of use) under the Prescription Act 1832, if a nuisance is caused by neighbouring development, the injured party is able to seek remedy for their loss. They may wish to seek injunction over the offending structure, which creates a risk for the developer, however the dispute will typically result in a cash settlement.
Our surveyors are experienced experts in Right to Light matters, having specialized in this field for some of the largest real estate companies in the UK. We provide a comprehensive consultancy service for developers, design teams and adjoining owners. With our first rate technical abilities, we can quantify Right to Light liabilities and provide the best strategy.
Our focus for our developer clients is to mitigate their risk and create a best strategy approach for achieving this. Design steering is one potential option, and we often work with the design team, providing envelopes and advice to achieve maximum scheme potential.
We also work with legal and insurance specialists in this field and can provide a full package.
Advising Neighbouring Owners
We regularly provide help to property owners who are having their rights infringed by a development.
Typically a developer will want to reach an agreement over any Right of Light infringements they are causing, in order to remove this legal liability from their scheme. This will usually be in the form of monetary compensation.
Unfortunately it isn’t always this simple as developers will sometimes obtain Right of Light insurance and keep quiet about infringements, allowing them to press on with development. So it is important to be pro-active and raise the issue.
At Blackacre we appreciate the value of light, particularly to people in our cities. We have spent many years specialising in negotiation with developers seeking to ensure our clients receive a fair settlement for the loss experienced. Of course, if a property owners rights are infringed and a nuisance caused they are at right to seek injunction over the offending party, however this isn’t always the more practical solution.
Full correspondence with the developer | Our own independent review of technical analysis prepared by developer | Assessment and discussion or quantum of loss to your property | Negotiation of compensation | Formation of Heads of Terms | Review of agreement drawings
We can provide full Right of Light assessment and advisory service for new developers and use the latest technology to collect root data and prepare a testing environment to get accurate results.
Our Right to Light assessments include;
Full technical 3d modelling and Right of Light testing using bespoke software | Assessment of Results to understand liability | Preparation of Right of Light report detailing full liability | Proposed strategy moving forward to best suit client | Negotiation with neighbouring owners to reach financial settlement
Right to Light – Five Important Considerations for Developers
Daylight & Sunlight
Right to Light matters should not be confused with the planning consideration Daylight & Sunlight assessments. More information can be found here.