If you have concerns about your right to light or are facing a claim from another property owner over these issues, it is vital to seek specialist legal advice as soon as possible. We typically find this to be the most efficient way to achieve a positive outcome. However, in this blog, our dispute resolution team outlines some steps involved when dealing with a right to light claim and how our team can help.
Making and Defending a Right to Light Claim
When making or defending a potential right of light claim, you will need to ascertain if rights set out under the Rights of Light Act 1959 apply. Below are some steps involved when evaluating the strength of a claim and in addressing any right of light disputes:
- Initial Assessment: To ascertain whether a property benefits from a right to light and if this right is being infringed, one of the first steps will likely involve consulting with a specialist surveyor who can accurately measure the impact of any obstruction on the light received by your property.
- Serving a Light Obstruction Notice (LON): Anyone planning a development can register a Light Obstruction Notice (LON) under the Rights of Light Act 1959. This notice informs the relevant local authority about a proposed property that may affect the light to neighbouring properties. The right to light may be considered void if no challenges are raised within a year. Therefore, property owners should promptly register objections if they receive an LON concerning their property.
- Seek Early Legal Expertise: Before raising an issue with your neighbour or a property developer, it is essential to determine whether your right to light has been breached. At Rose & Rose HPLP, our team of specialist property lawyers and dispute resolution team have specialist knowledge of right to light disputes and can assist in reviewing your situation. Additionally, we can refer you to the relevant specialists, such as property surveyors, to assess whether your right to light has been infringed or is likely to be infringed by a proposed development.
- Understanding Restrictive Covenants: Our property lawyers can help you explore all the options open to you, such as imposing restrictive covenants, which can prevent a buyer from using land in a way that could harm the seller’s retained land. Dealing with these covenants involves considerations such as enforcement, beneficiaries, and potential modifications to allow developments to proceed while safeguarding light access.
- Alternative Dispute Resolution (ADR): At Rose & Rose HPLP, we prioritise amicable negotiation and Alternative Dispute Resolution (ADR) to simplify the process. Our approach aims to find a fair solution that protects your interests without escalating the situation into lengthy and costly conflict. We believe that this approach results in a faster, more amicable, and cost-effective resolution.
- Issuing Court Proceedings: When reaching an agreement via ADR has not been possible, the next step may involve initiating court proceedings. Our specialist dispute resolution team will advise you if this is likely your best option and can assist with preparing your case and providing representation for any required court hearings. While our aim will always be to resolve matters outside of the court, we also have strong court expertise, meaning we can provide the best possible representation where more robust action is needed.
- Drafting and Negotiating Deeds of Release: One of the main remedies in in a right to light dispute includes negotiating a deed of release in exchange for compensation – calculated by the party’s right of light surveyors. Once the parties agree on a compensation amount, we will assist you in reviewing any deed of release documents to ensure your rights are fully protected.
For further related information, please read our previous blog: Shedding Light on Rights: Exploring FAQs on Rights to Light Disputes.
Dispute Resolution Solicitors – Right to Light Claims
While we have outlined some basic steps in the above article, right to light cases can involve many complex issues with varied problems, so the solution to any specific dispute will depend on the case’s circumstances. Therefore, providing a standard set of guidelines for dealing with every right to light dispute is not plausible. However, seeking legal advice as soon as possible can minimise the impact of the dispute, which, if left too long, can end up in lengthy and costly legal battles.
Our specialist dispute resolution solicitors at Rose & Rose HPLP can help assess your case and discuss the best way forward. You can learn more about our specialist expertise in Right to Light disputes here.
Contact a member of our dispute team below to discuss the best way forward for you, and we will provide you with further and specific advice tailored to your circumstances. You can also call our litigation department on 0330 0250 178.
This blog post is not intended to be taken as advice or acted upon. If you are seeking legal advice, please contact our team of solicitors.
