The right to light is an easement obtained by the passage of time.
To prove a loss the property must have enjoyed light through an unaltered window, screen or skylight for not less than twenty years.
Unfortunately, local authority planners do not necessarily acknowledge this right in granting planning permission. However, this does not prevent an owner from claiming compensation (or in the most severe cases an injunction) if he can prove that he has suffered a loss of light.
The methods of assessment are complicated, based basically on the amount of sky which can be seen at table top height through a window both before and after the creation of the obstruction. Different methods of assessing the value of the loss are used for various types of property.
If you are threatened by a proposed development or feel that you have suffered a loss, our surveyors will make an initial assessment at no cost. We can then advise you whether it is worth pursuing a claim, and what you might obtain by way of compensation.
Please telephone us for advice, no matter how insignificant you may think it.