A right of light is
a private right and is effectively an easement to light. The easement is for a sufficient flow of light for the ordinary notions
of mankind to working height within a room to a building through a defined aperture (usually a window), over the land of another.
Where the light flow to such a window is affected, the resulting light remaining may result in an actionable injury whereby
pending circumstances, an injunction may be applicable (to prevent the injury) or financial compensation (to settle the injury).
We act for architects and developers advising on rights of light matters resulting
from new proposed developments. We work with the project team to undertake 3D modelling analysis of rights of light and assist
with design parameters by producing safe tent envelopes that avoid an injury that is likely to be 'injunctable'.
We
also advise on various proposed design massing options, provide risk analysis for schemes, forecast compensation levels and
advise on suggested changes to the proposed massing to reduce injunction and compensation levels appropriately. Where residual
risks and requirement for compensation remain, we will provide a strategy and seek to agree and negotiate matters to conclusion.
Conversely, we also
act for parties affected by rights of light injury.
Schroeders Begg has acted for a significant
number of high profile developments including European Land redevelopment of Paddington Basin, Crossrail over site developments,
advisor to the Indian High Commission, redevelopment of the former Courage Brewery site in Bristol's floating harbour
and Channel 4 Headquarters.
Schroeders Begg also represented the winning parties in two of the only few rights of light cases
to have reached the Court of Appeal in the last 25 years. See Regan -v- Paul Properties 2006
and Forsyth-Grant -v- Allen 2008.
