The right to light is a legal right in England and Wales, allowing homeowners and businesses to natural light. If blocked, the aggrieved party can take the matter to court. The right is based on established windows and can’t be extended by changing them. Disputes can be resolved through negotiation or result in spite houses.
The right to light is a legal right in England and Wales which entitles householders and businesses to some natural light. If another party’s activities block the light, the aggrieved party can take the matter to court and request a legal remedy for the situation. This right does not exist in all places and attempts to establish and enforce a right to light have failed in some countries.
The origins of this concept in England lie in the common law, with enforcement through legislation such as the Prescription Act of 1832. Under this convention, a structure that has been in existence for at least 20 years is entitled to the right to light. If the windows are blocked by another structure, the building owner can enforce the right to lighting and request that the other structure be modified in some way to accommodate the windows of the established building.
File protests
In property development in England, this is an important consideration. Neighbors of the sites of proposed developments can ask to have plans reviewed and can file complaints if they have concerns about their natural light levels. Developers may have to alter plans by moving buildings or changing their shape to avoid blocking windows. It’s also possible to file a claim while construction is underway if it becomes apparent that the finished structure will block the windows.
Restrictions on existing facilities
It is not legal to change the shape or size of windows in an attempt to claim an extended right to light. A homeowner who is protesting a construction can’t, for example, run out and put picture windows in every room. The right to light is based on the established configuration of the windows, including their size, shape and location. This right is sometimes known as “old light” and structures that have windows that qualify for guards sometimes bear “old light” signs as warnings to would-be developers.
Dispute Resolution
Disputes over the right to light can often be resolved while a new facility is still being planned. Sometimes it is possible to move the position of a house on a lot, for example to provide an adequate view to the neighbors. Neighbors may also be softened by attempts to reach a reasonable solution. Conflicts, however, can result in the creation of spite houses, structures built specifically to irritate neighbors, sometimes in response to attempts to obstruct, delay or otherwise interfere with development plans. Such structures may strictly obey the letter of the law but are designed to annoy the neighbors as much as possible.
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