Real estate dispute resolution

Rights of light

Our Real Estate Disputes team provides developers, investors, landlords and tenants with comprehensive practical advice and representation in all aspects of rights of light.

"A skyward view of two multi-story buildings very close to one another.

We help you navigate the complex area of rights of light law, identifying where rights exist and what you can do to protect your position, explaining matters in clear and simple terms.

The owner of a long-established building with windows will often have acquired a "right to light" and will understandably be concerned by actual or potential obstruction of that light by neighbouring construction. 

Rights of light are usually acquired through long use, but can also be acquired by express deed or by implication.

Rights of light issues should be considered by developers from the outset, enabling them to take detailed advice regarding the risks, potential liabilities and mitigating strategies. Failing to consider rights of light issues early on can make the development process more challenging and, in worst case scenarios, risk the viability of the development in its entirety.

We understand the challenges of development. We regularly advise our developer clients on rights of light strategy, including legal advice on the acquisition of rights, plans for limiting liability, advising on insurance arrangements, documenting the release of rights, registering Light Obstruction Notices and, where necessary, representing clients in court proceedings. We advise on developments of all size, ranging from a few, to a few hundred, affected properties. 

With our knowledge and understanding of rights of light issues we'll provide you with clear and practical expert guidance, allowing you to focus on what you do best.

Our experience in the field means that we have strong relationships with the best rights of light surveyors and insurance brokers, and we will work with your professional team to achieve your objectives effectively and economically. 

Related services

Working with us, you'll have access to a full service legal offering. We offer advisory, transactional and dispute-related support to individuals, businesses and institutions on all their business and personal legal needs.

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