Do you have a light obstruction to your property, or perhaps your own building works may cause light obstruction to someone else’s property? Normally, the property owner is the one who has the right to make a claim for either compensation or get a court order. But there are exceptions that give Leaseholders Right To Light. But there are exceptions. A property solicitor or a specialist surveyor can advise you.
Building works can have an impact on a third party in a variety of ways. This could including obstruction of natural light. If you’re either a tenant or leaseholder and can see that someone else’s building works are depriving you of natural light, you need to seek legal advice immediately. Your landlord or freeholder needs to be notified but you can get legal advice. This is a complex matter that can be easily investigated and resolved by a property solicitor, but you should speak to the freeholder first.
The freeholder has to think carefully about how Rights To Light should be dealt with, before granting a lease. If the freeholder doesn’t reserve the rights to themselves, this means that the leaseholder could acquire the freeholder’s Rights to Light, which have been accrued to the freeholder before the lease was agreed. This could benefit the leaseholder, unless the lease agreement specifically excludes Rights To Light. There’s also a possibility that the freeholder has given consent to the third party to carry out building works, which impacts on enjoyment of Rights to Light of the tenant, regardless of the impact it may have on the leaseholder’s property.
Your first step should be to have a chat with your landlord or freeholder. You’ll get the chance to review your lease agreement and check the Right To Light clause. You’ll also need to check if there are any provisions that affect your Right To Light. If planning permission was granted by the freeholder, the leaseholder definitely has no rights but a solicitor could investigate the matter to ascertain whether the leaseholder has some rights.
If you are a leaseholder or tenant who’s been affected by building works, please give us a call. We will give you a no commitment first consultation to help you understand what your first steps will be. SG
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