Q&As

In what situation is monetary compensation or consent not valid to overcome a right to light claim? If the parties have agreed that a development can continue and this has been recorded at HM Land Registry—can the Local Authority still object to a development for the only reason of concerns about the neighbours’ rights of light?

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Produced in partnership with Georgia Whiting of 4 King’s Bench Walk
Published on LexisPSL on 30/03/2017

The following Property Disputes Q&A produced in partnership with Georgia Whiting of 4 King’s Bench Walk provides comprehensive and up to date legal information covering:

  • In what situation is monetary compensation or consent not valid to overcome a right to light claim? If the parties have agreed that a development can continue and this has been recorded at HM Land Registry—can the Local Authority still object to a development for the only reason of concerns about the neighbours’ rights of light?

In what situation is monetary compensation or consent not valid to overcome a right to light claim? If the parties have agreed that a development can continue and this has been recorded at HM Land Registry—can the Local Authority still object to a development for the only reason of concerns about the neighbours’ rights of light?

Rights to light can cause developers extensive delays and additional cost if not fully considered prior to works commencing. Indeed, an injunction can be obtained in some circumstances even after the development has been completed.

Taking matters back to basics, a right to light is an easement, which can arise in a number of ways, for example, by express grant, implied grant, through prescription, or by statute. In order for an easement to arise, it must accord with the principles established in Re Ellenborough Park:

  1. there must be a ‘dominant’ and ‘servient’ tenement

  2. the right must

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