MOST of us have spent more time at home this year due to lockdown restrictions and with the fantastic weather we will have spent more time relaxing or working on our homes and gardens.
Perhaps more than ever you have had time to think about and notice your neighbour’s trees, hedges or shrubs and their overhanging branches have really started to bother you. I’m sure we all know someone with monstrously high leylandii or self-seeded sycamores which grow for fun around Saddleworth.
It may be that your neighbours have had a new extension on their property or allowed a tall hedge to become overgrown and that impacts on the light you receive on your side of the boundary.
With a few more weeks of summer ahead and hopefully some decent weather, now is the time to find out more about your Right to Light.
What is a Right to Light?
A Right to Light is a type of easement to enjoy over land belonging to someone else that benefits other land.
Right to Light is the right to receive uninterrupted light passing through a neighbour’s land into your property, including the garden. If the trees/hedging or building are blocking light you might be able to acquire a Right to Light under Planning Law.
Should a Right to Light be established, there are various remedies to enforce a Right to Light in the UK and these include declarations, injunctions, damages and abatement.
Declarations, injunctions and damages are available by court order and can be granted singularly or in any combination.
Contact a specialist Litigation Lawyer
It is always best to discuss such matters through with a specialist lawyer. Pearson have experience on advising on Right to Light issues, including whether Right to Light exists, registering and objecting to registration of light obstruction notes and advising on local authority powers to override a Right to Light.
Autumn is a great time to get pruning those offending trees and shrubs so maybe now is an ideal time to consider your Right to Light.
If possible have a friendly chat with your neighbours first about any issues concerning you.
If you are not sure about where you stand on this issue please contact our Commercial Litigation Team and speak to Asa Cocker on 0161 785 3500 or email Asa.Cocker@pearsonlegal.co.uk