Right To Light South Hornchurch London
At Delva Patman Redler we are a firm of Chartered Surveyors, specialising in Party Walls, Rights of Light, Daylight/Sunlight and neighbour disputes. Right To Light South Hornchurch London.
The Right To Light South Hornchurch London Rule is a rule that can be easily overlooked by developers during construction and planning. This can cost a lot of developers their time, effort, and resources. It is important to put into consideration the Rule during the planning to avoid setbacks on the project.
What Is The Rule?
The Rule, simply put, is a right that affords its beneficiary access to sufficient natural light through defined openings in the building according to the standard measure of the law. In other words, it could stop the progress of development close to you if the development blocks out natural light in your building. This is not right to direct sunlight or a view.
This affords the beneficiary the luxury of using a room for its ordinary function without the need for artificial light during the day. It does not apply to land without a structure or a building. Right To Light South Hornchurch London is not only restricted to homeowners, it is also a rule for tenants.
It is an easement that allows a landowner to use another land to a certain extent or restricts the landowner from the full use of their land. The beneficial landowner can go to any extent with a Rule to Light except owning the other party’s land.
How To Attain A Right To Light
The most common form of attaining them is through prescription. This means that a building that has been enjoying access to natural light through its defined openings without interruption for 20 years automatically has the Right. It has to be proven that the building has indeed been enjoying the Right for 20 years for the rule to stand.
A landowner can obtain a Right To Light South Hornchurch London from local authorities. They are assigned papers and documentation that state that they have this. This is a very uncommon way to obtain this. It is important to note that in the papers and documents of the house or building, the use of this can be only restricted to the landowner. This means that a tenant cannot sue the landowner for infringing on their’s.
Ways To Avoid Or Cancel
- Attaining a Right of Light
- United ownership of both lands. The benefitting landowner buys the affected land
- An agreement between the two landowners
The infringement of this of a landowner can bring about an injunction, where the building progress is completely stopped mid-way or if it has been completed, demolished. Most times, instead of an injunction, the judge assesses the situation and pronounces whatever judgment he deems fit. The developers may pay off the benefitting party if the sum isn’t too large to handle rather than halt or demolish the building.
It is important as a developer to look out for the Right To Light South Hornchurch London of any neighboring building before commencing the project. A go-ahead from the local planning authorities does not cover existing nearby buildings. It is a private business between two landowners.