Rights of light are rights of a property to receive light through widows or other openings. An example of possible interference with rights of light would be the development of a low level building so that it obstructs the light of an adjoining building. Rights of light can be acquired in a number of ways but perhaps the most common is by prescription, in other words enjoyment of light for at least 20 years. The usual remedies available for breach of a right of light are an injunction and damages. Injunctions are always discretionary but in the recent past the courts have freely granted injunctions to prohibit development.
The right is to a certain amount of light and not to all of the light that was once enjoyed. Mathematical calculations are used to determine whether or not a development causes an infringement. For speed and accuracy rights to light calculations are undertaken using specialist computer software.
In development schemes where issues of rights of light can influence the outcome, our team offers value, innovation and strategic solutions.
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