Commercial property rights of light disputes
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Contact our teamRight of light disputes can pose significant challenges for property owners and developers, potentially delaying projects and leading to costly legal battles.
A right of light is a legal entitlement that allows property owners to receive natural light through windows or openings. When a new development or construction threatens to obstruct this light, disputes can arise, often resulting in the need for expert legal intervention.
At Moore Barlow, we specialise in resolving right of light disputes, providing comprehensive legal support to protect your property interests. Whether you are a developer looking to mitigate the risks associated with right of light claims, or a property owner whose light is being obstructed, our experienced team is here to help.
What is the right to light on commercial property?
The right to light on commercial property is a legal entitlement that allows a property owner to receive natural light through windows or other openings. This right typically applies to windows that have enjoyed uninterrupted light for a minimum period, usually 20 years, under the Prescription Act 1832.
In the context of commercial property, the right to light becomes particularly significant when new developments or alterations to neighbouring buildings threaten to obstruct this natural light. If a new structure reduces the amount of light that reaches a commercial property to a level that affects its use or value, the property owner may have grounds to pursue a right to light claim.
This legal right can have considerable implications for developers and property owners, as it may limit the height or extent of new buildings. In some cases, disputes can result in the requirement to modify or halt construction, pay compensation, or even demolish parts of a structure.
It’s important for both developers and commercial property owners to be aware of right to light issues to avoid potential disputes and financial liabilities. Consulting with a legal expert, such as Moore Barlow, can help in assessing and addressing any right to light concerns early in the planning process, ensuring that projects proceed smoothly and that existing property rights are respected.
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How we can help
We understand the intricacies of right of light law and are skilled in negotiating settlements, securing compensation, or taking legal action to resolve disputes efficiently. Our goal is to achieve a solution that minimises disruption and allows your projects to proceed with confidence.
Key areas we can assist with include:
- Right of light assessments: Evaluating the legal title of the buildings and properties that may have a right of light and working with a surveyor to assess the potential impact of your development on neighbouring properties. We seek to identify and address right of light issues early in the planning process.
- Negotiation and settlements: Working to negotiate agreements with affected parties, whether through financial compensation, design alterations, or other mutually beneficial solutions.
- Legal representation: Providing robust representation in court if a right of light dispute escalates, ensuring your interests are vigorously defended.
- Risk mitigation for developers: Advising developers on strategies to minimise the risk of right of light claims, including due diligence, planning advice, and proactive legal measures.
Moore Barlow is committed to delivering practical and effective solutions for right of light disputes, helping you navigate these complex issues with confidence and clarity. Our expertise ensures that your property developments and rights are protected every step of the way.
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