We work with developers, as well as their architects and surveyors, to assess the merits of claims made by neighbouring property owners that their rights to light will be infringed as a consequence of a development.
We are happy to advise at any stage of the development, but early identification of potential issues is key. This helps mitigate the risk of abortive design or construction works and/or minimise the level of compensation payments made to neighbouring owners to relinquish their rights of light. We also advise clients as to whether they have acquired a right to light, or indeed any other type of easement, by prescription.
How we can help?
We can prepare, serve and register Light Obstruction Notices as a means of preventing the acquisition of a legal right to light (this can also be used as a mechanism to identify rights to light which already exist). We provide advice and facilitate negotiations with neighbouring owners to agree terms of a release of their rights. Drafting deeds of release of rights to light and/or other easements following agreement of terms of settlement with neighbouring owners to relinquish such rights. Whilst we work to encourage a resolution to any claim, in the event it is necessary to take court action or defend injunctive proceedings issued against you, we will guide you through the court process and work hard to fight you case with force and tenacity.