Right to Light Matters for Legal Advisors

If you are a legal advisor, you may be the first person a developer or a worried neighbour calls if they learn they may have a legal right to light problem.

Your assistance will be invaluable – you will need to advise them on title matters, or matters relating to Light Obstruction Notices, and, in the event of there being issues that can be resolved by negotiation, then you will be required to draw up, or check, a Deed of Release.

In certain situations, there may be no possibility of a negotiated settlement, and if this is the case, you will be required to assist your client pre-court by way of advice over case law, pre-action protocol, Part 36 offers, obtaining injunctions, and of course, if matters proceed to Court your involvement will be essential.

Of course, before much of the above is required, it will first be necessary to establish if there is indeed an injury to light that might be classed as injurious. Often we find that whilst people will sometimes suffer ‘some’ loss of light, that it can sometimes not be significant enough to demonstrate a legal injury worthy of pursuing through the Courts.

If you would like an assessment undertaking for one of your clients, whether this be a developer or a neighbour to a development, we can help.

From basic risk assessments, to very detailed assessments utilising 3D computer modelling and specialist Right to Light software, we can prepare reports to you and your clients, and, if required for a legal action, we can prepare CPR 35 compliant reports.

If need be, we can act as Expert Witness, or a Single Joint Expert.

We would be happy to discuss your needs

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    Additionally, we often have a need to refer our clients to legal advisors who specialise in right to light matters. You are often few and far between so we would be pleased to hear from you.

    CHILD and Child logo

    “I have worked with Smith Marston and in particular Adrian Marston on a number of rights of light matters and have always found his knowledge of this specialist area to be first class. This coupled with Smith Marston’s very high service standards have enabled us to secure some excellent results in taking preventative action to safeguard legal rights that would otherwise have been infringed. One particular example involved taking steps to require a development to be halted and, ultimately, reversed, primarily on the evidence contained within Adrian’s report as to current and potential future losses. Adrian’s reports cut through a lot of the complicated jargon often used in these matters and presents the information necessary to take effective action in a clear and logical way. I would not hesitate in recommending him.”

    James Beat, Child and Child

    “I instructed Adrian as an expert in a Right to Light case involving commercial property in Newcastle. Adrian’s specialist knowledge of this field, attention to detail and commercial advice were invaluable in achieving a good outcome for my client”.