We can prepare a high quality rights to light report for your project.
This report will detail any risks related to the proposed development site. It will explain all of your options for moving forward in order to mitigate any potential risks. It can also be relied upon for rights to light insurance purposes.
rights to light report can be
broken down in to three stages:
Blue Sky Surveyors are a leading surveying practice that offer expert advice on all matters related to rights to light (common law) or daylight & sunlight for planning. We believe that providing all of our clients with a highly tailored, personal service helps us to deliver the best results possible.
We will work with you to achieve your goals whatever they may be. Through dedication and experience, we strive to provide our clients with the highest standard of service and delivery results in a timely fashion.
If you have any queries, do not hesitate to get in touch.
Frequently Asked Questions
What is right to light?
A right to light is an “easement” which is enjoyed by one property (the dominant party) and burdens another property (the servient party).
Do you enjoy a right to light?
You must be able to establish that you do indeed enjoy a right to light in order to be able to enforce it. The most common way of acquiring a right is through long-term enjoyment, which is outlined in the Prescription Act 1832.
What about compensation/damages?
The primary remedy for an infringement to a right to light is an injunction. However, in recent years judges have used discretion and sometimes awarded damages in lieu. There are many factors that can contribute to the likelihood of an injunction being granted.
Who may have a right to light?
What is an infringement to a right of light?
If the erection of a building, or extension to an existing building, reduces the daylight to a room (or rooms) within a neighbouring property to below a threshold level, then this would constitute an infringement.
Releasing a right to light?
It is sometimes possible to reach a financial settlement with a neighbour for a release of their right to light and doing so will address the risk. However, it must be remembered that you cannot force an affected neighbour to accept compensation to release their right to light; although, in the vast majority of cases an agreement can be reached.