Frequently asked questions

5. How long the matter will take to deal with?

We would expect undisputed claims to be completed within approximately 10 to 12 months. Disputed claims can obviously take longer especially where Court proceedings are involved. Estimated timeframes run from when we receive your instructions to proceed. These timeframes are our best estimates only as there are many aspects over which we have little or no control. We will keep you updated on potential timeframes as the case progresses.

1. What are the remedies available for a Right of Light dispute?

The primary recourse of a Right of Light claim for a neighbouring property owner, is to seek a Court injunction against the Development whereby the Court will order the Developer to cut back the part of the Development that is infringing the light to a neighbouring property. However, in recent times, the Court has been more and more inclined to award a compensation sum in lieu of an injunction. Consequently, the majority of claims are now concluded by agreeing a suitable compensation figure with the Developer without the need to issue an injunction application to the Court. Indeed, Court proceedings only become necessary in a very small minority of cases. If we believe that commencing Court proceedings is necessary, we will discuss the same with you at the appropriate juncture.

3. Once a compensation amount has been agreed, how is the matter concluded?

You (as the client and owner/s of the property) and the Developer will enter into a Deed of Release which will document the agreement that has been reached for you to release your right of light over the Development in exchange for the agreed compensation sum. The Deed will stipulate the extent to which you have released your right of light over the Development and will include profile drawings of the Development building as a reference point. Your release of your right of light will be limited to this agreed profile of the Development and if the Developer subsequently then decides to increase the development beyond what was agreed, you will still have the right to pursue the Developer for any further infringement of light to your property that may be caused. Once the Deed of Release has been executed by both parties, the Deed will be registered against both your property title and the Development property title at HM Land Registry.

7. Why will the Deed of Release be registered at Land Registry?

The right of Light that you are releasing over the Development is not a temporary release but a permanent release and will bind successors in title. By registering the Deed at HM Land Registry, it forms part of your property’s title documents and ensures that future owners are aware of the release of the right of light over the Development. Future owners will then also be aware of the extent of the Release of Light and will be able to enforce their right of light should the Developer (or any successor in title to the Development Property) decide to extend the development in the future. Similarly, any purchaser of the Development property will know the extent of the release of light over their property and thus know that if they decided to exceed the agreed limits of the release then they will be potentially liable for any further infringement of light.

8. Will entering into a Deed of Release or the Deed being registered at HM Land Registry affect my ability to sell my property in the future?

The entering into a Deed of Release or this being registered against your property title is unlikely to have any negative effect on your ability to sell your property.

Once a Developer has obtained planning permission then the likelihood is that the Development will be built and any infringement of light to your property will occur. Any prospective purchaser who views your property will be able to see the Development building and how this has affected the light to the property before they are likely to see the property title register at HM Land Registry and the fact that a Deed of Release has been entered into. The Property Title documents are only reviewed as part of the conveyancing process once an offer for the property has been accepted. Therefore, if a prospective purchaser has already made the decision to purchase your property, it is highly unlikely that the existence of a Deed of Release on the property title will put them off proceeding with the purchase. It is worth remembering that an acquired right of light over a development will be lost if an objection to the infringement of light is not made within 12 months of the start of that infringement. Therefore, in most cases, the sale of the property will take place after this 12 month period and the new purchaser will have no right to pursue the Developer in any event.

6. Do I need to let my Mortgage company know about my claim?

If you have a mortgage or business loan for your property and the lender has a charge on the property, then in order to enter into the Deed of Release and register the Deed of Release with HM land Registry, we will need to obtain the written consent of the lender. This is standard practice and is normally a straightforward process. Once a compensation amount has been agreed, we will write to you and request your lender’s details and will then send our standard letter to the Lender requesting their consent. As stated, in the vast majority of cases, the Lender will grant the consent without any issue as they too will be aware that the Development will be built and there is little that can be done to prevent this from happening, so their security will not be adversely affected.

2. How is the Compensation sum calculated?

The calculations for a Loss of Light claim are very complicated and that is why the services of a specialist Right of Light Surveyor are employed. We are reliant upon the expert opinion and advice of the Surveyor. Similarly, if proceedings for an injunction were to be commenced and the Court decided to use its discretion to award a compensation sum in lieu of an injunction, then the Judge would rely up on the expert opinion of the respect parties’ surveyors in deciding on the compensation amount to award.

4. Will the Surveyor need access to my property?

In the majority of cases, the Surveyor will want to carry out an internal inspection of your property which will allow them to take various measurements of the rooms and windows that may be affected by the Development. The normal process is for this inspection to be carried out jointly with the Developer’s Surveyor so that measurements and the methods of measuring can all be agreed. Once the inspection has been carried out, the Surveyors will then prepare their analysis and upon disclosure of the technical analysis, they will then commence negotiations on a suitable compensation amount. Inspections will always be arranged with your permission and at your convenience with as much advanced notice being given as possible. If your property is tenanted, then we will ask you to make arrangements with the tenants to grant the Surveyor access to the property.

9. What are the circumstances that may lead to Court proceedings being issued?

If the Developer refuses to engage with us whilst continuing to build the Development or the respective Surveyors are unable to agree to a reasonable compensation amount, then we will have to consider commencing Court proceedings in those circumstances. We will of course discuss this option with you in greater detail should either of these situations arise.

10. What are the circumstances which may result in the claim not being pursued?

The main circumstances are:

1. If the Development has already been built and you are out of time for pursuing a claim.

2. If upon review of your property documents, there is a clause which prevents you from acquiring a Right of Light over the Development property.

3. If, following the inspection of your property, the Surveyor determines that no actionable loss of light will occur to your property as a result of the Development.

In addition, your claim may be placed on hold if the Developer advises us that they currently have no intention of commencing with the Development for the foreseeable future. However, in this case, the development site will be monitored, and should it appear that construction is taking place, we will then re-engage with the Developer and/or their representatives.

11. I own the Leasehold, do I need to inform the Freehold owner of my claim?

This will largely depend on the terms of your lease. Some leases require Notice to be provided to the Freeholder. Some Leases go further and contain a clause requiring the Consent of the Freeholder to be obtained. If that is the case, we will advise you accordingly and ask you for the Freeholder’s (or any Management Company’s) contact details and write to them accordingly on your behalf.