Child & Child are renowned industry experts in the field of rights of light. It is important if you are involved in a rights of light dispute that you instruct a rights of light solicitor with experience and knowledge of what is a very technical and fact-specific area of law.
Child & Child specialise in resolving rights of light disputes, whether it be through informal negotiation, mediation, expert determination or, only where necessary, court proceedings. We have a number of rights of light solicitors with specialist training and years of practical experience in this highly specialist area.
There are a number of options available to determine a rights of light dispute and we will always try and provide the most cost effective and conciliatory solution in what can be a very emotive area of the law.
If a development is planned or has been built nearby that will or has already impacted on the light enjoyed by your property then you may have rights of light that are worth investigating. If you have rights of light and they have been or are likely to be interfered with by the development it may be that you are entitled to either seek an amendment to the design of the offending building or, alternatively, to compensation for the lost light.
If you are a developer about to embark on a project that may impact on neighbouring properties’ rights of light then you should speak with an experienced rights of light solicitor as there are numerous issues that you should consider in order to avoid future costly court action.
Child & Child are expert rights of light solicitors and have acted for both developers and private clients in numerous cases where rights of light have been contested. Examples of some of Child & Child’s successes in this area include:
- Successfully obtaining a rights of light injunction on behalf of a private client against a developer requiring the demolition of part of a development in Brighton City Centre infringing the client’s rights of light, a decision that was subsequently upheld in the Court of Appeal setting important legal precedent in the process [link to Regan]
- Successfully representing developers in resisting a rights of light injunction to restrain the construction of a development in Nottingham City Centre based on alleged infringements of rights of light.
- Successfully representing an institutional investor in resisting an application for a rights of light injunction to restrain the construction of a development in the City of London based on alleged infringements of rights of light.
- Successfully resisting an application for a rights of light injunction to partially demolish a studio built by fashion designers in breach of an adjoining owner’s rights of light.
- Negotiating and completing numerous release agreements relating to rights of light where the client had been compensated for the loss of their light as a result of nearby developments, including several prestigious developments in the Knightsbridge area.
- Preparing and registering Light obstruction notices to protect clients’ rights of light.