When Do I Have The Right Of Light?

You as a property owner have the legal right to a certain amount of light and you should know those rights. These rights apply to either your home residence or your building location. Over half of the room should be lit by natural light. This can be compared to the light provided by a candle placed one foot away, and should be the least amount of light provided. Let’s explain what we’re talking about here.

The day begins as it does every day in your office building for the past 20 years or more. You sit at your desk, and take in the morning light as you begin your work day. It gives you this energizing lift each morning to get your work done. Then your neighbor decides to build a ten story office complex building right outside your window. As upsetting as it sounds, you realize that when the building is completed, your not going to have that morning sun anymore. Well according to an easement created in English Law, the English Prescription Act of 1832, called the Right Of Light, you have the right to maintain the level of illumination that you have always enjoyed. It states that a long standing owner of a building with windows has the right to enjoy the level of illumination that you have enjoyed for the past 20 years or more. If the building being constructed next door to you prevents you from your light, you have the option to protest on your behalf. Your neighbor is required to get permission from you in order to block your light. Your neighbor would have to move mountains in order for him to get away with taking your right of light away from you.

You as the long standing owner could put up a fight that the building be reduced in size. A dollar figure could be added to the cost of you giving up that right so the building project can continue. You could even make a claim that you are against the construction of the new building altogether. There has actually been issues like this where the new building was designed, and then ordered to be dismantled or redesigned in order to not obstruct the right to light of a neighboring building owner. Just think of what a nightmare this could create for you, if you are the one that wants to construct this beautiful new project of yours! Those friendly little chats that you and your neighbor had each morning hanging over the fence would turn into heated debates. I think it would put a damper on my new building project in a hurry. Can you see how the new building management has to take into consideration this concept? This planning issue is something that really needs to be addressed, and in a beneficial way. Planners will pay great attention to your development or extension. Planners will be content when they see that this right to light issues has been dealt with in a satisfactory way. Primary and secondary windows are usually what type of windows categorized. Secondary are usually windows that aren't given much attention, and usually aren't as important as a primary window. Most of the light that comes into your office is from a primary window. Since secondary windows aren't given as much weight as primary windows, they are usually ignored in the assessments.

The job of the building project manager is a tough job, because he has to take into account several different types of hindrances. Your neighbor putting up a large garden wall or tall shed is one example. Another one might be commercial developments. Some of the fixes that an Access Consultant would suggest would be to offer a dispute resolution, or an expert witness. Organizing and filing of the notices is also an important part of the process. Finally computer analysis and 3D modeling techniques are created and entered into the building project.