The right to light is a complex legal concept that primarily protects the access of natural light to windows and skylights within a property. While it’s less common to assert a right to light for gardens, it’s not entirely impossible, particularly if the garden is integral to the property’s use and enjoyment.
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The Core Principle of Right to Light
The core principle of the right to light is to protect the level of natural light that a property has traditionally received. This is often assessed using the 45-degree rule, where a line is drawn from the base of a window or skylight at a 45-degree angle. If a new development blocks the light from reaching this line, it may be considered an infringement on the right to light.
Can Gardens Be Protected by Right to Light?
While gardens are not typically the primary focus of right to light claims, there are certain circumstances where a garden’s access to light could be protected. For example:
- Commercial Gardens: If a garden is used for commercial purposes, such as growing plants or hosting outdoor events, it may be more likely to be protected by the right to light.
- Integral Part of the Property: If a garden is an essential part of a property’s character or use, and its value would be significantly diminished by a loss of light, a court may be more inclined to protect it.
- Specific Planning Permissions: In some cases, planning permission for a development may include conditions that protect the light to neighbouring gardens.
Challenges in Protecting Garden Light
However, there are significant challenges in protecting garden light:
- Subjectivity of Light Levels: Unlike windows and skylights, gardens don’t have specific apertures. Assessing the impact of a new development on a garden’s light levels can be more subjective.
- Variability of Natural Light: Natural light levels in gardens can vary significantly throughout the day and seasons, making it difficult to establish a baseline level of light.
- Balancing Property Rights: Courts must balance the rights of property owners to develop their land with the rights of neighbours to enjoy their properties, including their gardens.
Seeking Legal Advice
If you’re concerned about the impact of a new development on your garden’s light, it’s crucial to seek legal advice. A qualified solicitor can assess your specific circumstances and advise you on the best course of action.
Blackstone Solicitors is a leading law firm with extensive experience in property law, including matters related to the right to light. Our team of experienced solicitors can provide expert advice and representation to protect your interests.
We can help you with:
- Assessing your property’s right to light
- Advising on potential development restrictions
- Negotiating with neighbouring property owners
- Representing you in court proceedings, if necessary
Conclusion
While the right to light primarily protects the access of natural light to windows and skylights, it’s not entirely impossible to protect garden light in certain circumstances. However, it’s important to understand the challenges and limitations of such claims. By seeking legal advice, you can better understand your rights and take appropriate action to protect your property’s value and enjoyment.
How we can help
We have a proven track record of helping clients deal with construction law and property litigation. We will guide you diligently and ensure all checks are carried out swiftly and efficiently and we firmly believe that with the right solicitors by your side, the entire process will seem more manageable and far less daunting. You can read more about the range of construction law and property litigation services we offer by clicking here: https://blackstonesolicitorsltd.co.uk/construction-solicitors/
How to Contact Our Property Litigation Solicitors
It is important for you to be well informed about the issues and possible implications of a property dispute. However, expert legal support is crucial in terms of ensuring a positive outcome to your case.
To speak to our Property Litigation solicitors today, simply call us on 0345 901 0445, or click here to make a free enquiry. We are well known across the country and can assist wherever you are based. We also have offices based in Cheshire and London.
Disclaimer: This article provides general information only and does not constitute legal advice on any individual circumstances.
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