Right to Light – a complex legal easement
Rights to light area type of legal easement allowing light to pass over someone else’s land and into the windows (or similar openings) of a building. These rights often arise after the uninterrupted enjoyment of light through windows for 20 years or more. As a highly technical area of property law, rights of light can be difficult to navigate, but our experienced team is here to help clients manage these complexities.
For developers, overlooking the potential existence of rights of light can lead to significant financial and legal challenges. If these rights are asserted after development has commenced, it could result in costly delays or even the halt of a project. A neighbouring property owner may seek an injunction to stop the development or demand substantial compensation, which could have been avoided with early legal assessment and strategic planning.
Similarly, owners of adjoining or nearby properties who hold potential rights to light should act quickly to assess and protect the value of these rights. If they fail to do so, they risk allowing their important property rights to diminish in value or be lost altogether. Timely action is crucial to safeguarding these rights and avoiding missed opportunities for compensation or legal recourse.
Whether you are a developer concerned about potential rights of light claims or a property owner seeking to protect your rights, we offer comprehensive advice and solutions to help you navigate this complex area of law, minimising risks and maximising opportunities.
Specialising in Rights to Light law
Light obstruction notices
In addressing rights to light issues, we may collaborate with the developer’s rights to light surveyors to draft and serve Light Obstruction Notices (LONs). These notices are used as a proactive measure to prevent future claims for rights to light from arising. By serving an LON, the developer can effectively interrupt the 20-year period required for a neighbouring property to acquire such rights through uninterrupted light access, safeguarding the development from potential legal disputes.
Indemnity insurance
We can assist developers in obtaining indemnity insurance to address any potential risks or issues related to rights to light that may arise during a project. This insurance provides financial protection against claims or disputes, covering compensation or legal costs should a neighbouring property successfully claim an infringement of their rights to light. By securing indemnity insurance, developers can mitigate risks, avoid delays, and proceed with greater confidence, knowing that any unforeseen liabilities will be managed.
Defending against legal action
We can defend developers against threats of legal action arising from alleged rights to light infringements. Our team is experienced in addressing these complex claims, working swiftly to evaluate the merits of the case and formulating a robust defence strategy. This includes assessing whether a valid right of light exists, negotiating potential settlements, or contesting the claims in court if necessary. We also explore alternative dispute resolution options to minimise costs and delays.
Bringing legal action
We can represent property owners in bringing claims where their rights to light have been infringed or are at risk of infringement due to a nearby development. Our team carefully assesses the situation to determine if a valid right of light exists and whether it has been or could be adversely affected by the proposed construction.
If a claim is warranted, we work to secure appropriate remedies, including compensation or injunctions to halt further development. We aim to protect our clients’ property rights, negotiating fair settlements where possible or pursuing legal action to enforce their rights when necessary.
Why choose Shakespeare Martineau?
- Our team offer prompt and professional service, whether through in-person meetings or virtual consultations, you can trust that our advice will be timely and professional, helping you feel confident in your legal matters, every step of the way
- We provide advice that is not only pragmatic and quick but also easy to understand. Every lawyer in our firm is approachable, helpful, and committed to offering reliable legal solutions, making the process straightforward for clients
- Our clear and easily understandable approach has kept clients coming back for years, knowing they can depend on us for comprehensive legal support time and time again
- Our clients regularly highlight the exceptional expertise and professionalism of our lawyers. Our team cares deeply about every aspect of your case, ensuring you receive a thorough and attentive service
Seamless light obstruction notice compliance
Our team is expert in the urgent application of Light Obstruction Notices (LONs), ensuring full compliance with the Upper Tribunal’s strict requirements. We handle every step, from securing and registering the necessary certificates to protecting developers from potential rights of light claims, providing a seamless and efficient service to safeguard your project.
Expert LON compliance made easy
Our team is expert in the urgent application of Light Obstruction Notices (LONs), ensuring full compliance with the Upper Tribunal’s strict requirements. We handle every step, from securing and registering the necessary certificates to protecting developers from potential rights of light claims, providing a seamless and efficient service to safeguard your project.
Protecting owners' rights through claims
Bringing claims on behalf of affected owners and dealing/advising on various issues with a view to protecting their rights
Defending against rights of light risks
Our team provides comprehensive assessments of proposed developments to identify potential rights of light infringements early in the planning process. We also specialise in defending developers against claims or threats of action related to alleged rights of light violations. By leveraging our deep understanding of property law, we protect your project’s viability, minimise legal risks, and ensure smooth progress from planning through to completion.
Meet our Rights to Light team
Gary Ekpenyoung
Partner
Justine Ball
Partner
Martin Edwards
Partner
James Fownes
Partner
Vanessa Joll
Partner
Bukola Obadun-Craigs
Partner
Pia Eames
Legal Director
Habib Khan
Associate
Danielle Sodhi
Team Manager
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Our commitment to sustainability and social impact
We are an accredited B Corporation that is committed to driving positive change in our communities, minimising our impact on the environment, and ensuring an all inclusive diverse and supportive culture for our people.
Wherever you are on your journey, our Rights to Light specialists are here to answer any questions you might have
If you’d like to speak to a member of our team, please fill out the enquiry form. We will aim to reply to your query within 2 hours
Need to talk to someone sooner? You can call use at the number below
Call Us: 0330 024 0333
Rights to Light FAQs
They should consult with specialist solicitors and engage a rights to light surveyor to carrying out a risk assessment of the works potentially affecting others’ rights.
Yes. The fact that planning permission has been obtained does not prevent affected owners bringing claims to protect any rights to light they have, and which could stop and delay a development.
