Landmark’s property specialists are regularly involved in actual or potential disputes about whether rights of light have been created or infringed. The law relating to rights of light is a complex and highly technical branch of property law. Such disputes often involve the interpretation of rights of light deeds or the effect of light obstruction notices, and difficult and much disputed legal issues about the assessment of infringement in rights of light cases, and the proper measure of damages. The potential for overlapping claims by adjacent owners (or the owners of different interests within the same property) , the involvement of insurance and the possibility of local authority intervention mean that a strategic and tactical approach is essential. The strength and experience of Landmark’s members practising in this area ensures that they are able to provide an informed and strategic perspective, and not just a mere technical analysis of the law.
The unique position of Landmark as a leading chambers in Property, Public and Planning law also allows members of Landmark, individually or working with others, to provide comprehensive advice to clients, which takes into account the possibility of the use by local authorities of their statutory powers to override rights of light, and also the wider planning implications of the impacts of a development upon light.
Members of chambers regularly speak and write on issues relating to rights of light, and is the co-author of a leading practitioner book on the subject .