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Max Lowry
Max Lowry, Advocate
Category: Law
Satisfied Customers: 1457
Experience:  LLB, 10 years post qualification experience
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If a right to light is established (through legal agreement

Customer Question

If a right to light is established (through legal agreement and written into both parties deeds) and one party obtains planning permission that will affect this right what can be done?

Further, the agreement over the light is for windows that no longer exist, is the right to light extended to that part of the land/property in any case?
Submitted: 4 years ago.
Category: Law
Expert:  Max Lowry replied 4 years ago.

Max Lowry :

Hi, welcome to Just Answer. I will help you with your question.

Max Lowry :

The grant of planning permission is nothing to do with your right to light. The planning is a public law issue, and regardless of what happens with that (granted or rejected) you still have your right to light.

Max Lowry :

Hello.

Customer:

So this is seperate to planning law, ok.

Customer:

If the deeds state it is over certain windows that no longer exist have I 'given away' that right?

Max Lowry :

Yes, most probably. The right to light must be by reference to a defined aperture, a specific window, if you like.

Customer:

We are in the process of demoliting that part of the property which will now be a garden/courtyard but once the house has been constructed in shadow much of the day, are there any other legal options?

Max Lowry :

If you're replacing the window, that might be another option, but again, it would have to be the same in essence to be using the same path of light into the building/window.

Max Lowry :

To preserve the right to light, there must be a "coincidence" between new windows and old. But removing them completely is likely to extinguish the right.

Customer:

ok, thanks for your help.

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