Urban Residential Block, Birmingham

Our clients, long leaseholders of residential apartments within a converted Victorian warehouse in Birmingham, faced a credible threat to their rights to light due to a proposed high-density residential development on neighbouring land. The scale and proximity of the planned scheme raised concerns of material light loss to multiple rooms within the property, affecting comfort, amenity, and potentially, market value.

The key issue was whether our clients, as long leaseholders, could lawfully assert rights of light over the development site, and whether any anticipated reduction in natural light would constitute actionable interference under the common law or the Prescription Act 1832. Additional complexity arose from the terms of the leases, which included clauses aimed at limiting implied easements and excluding statutory rights.

We conducted a detailed review of the leases and historical use of the windows in question, alongside technical rights of light analysis carried out by specialist surveyors. The surveyor's report concluded that the proposed development would cause significant light loss to habitable rooms, applying the established Waldram methodology.

Although the leases contained a "right to build" clause and an express exclusion of implied rights (including under section 62 of the Law of Property Act 1925), we identified scope for a potential claim based on long, uninterrupted enjoyment of light over a period exceeding 20 years, thereby supporting an easement acquired by prescription.

Strategic correspondence was issued to the developer and their surveyors, setting out our clients’ position and the potential for litigation, including a claim for injunctive relief. This prompted the developer to pause and reassess the risk of legal proceedings.

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Although no court action was ultimately taken, the credible legal challenge and supporting surveyor evidence led to the developer entering into negotiations. While the matter remains commercially sensitive, the parties were able to reach a resolution that safeguarded our clients’ interests and avoided protracted litigation. This outcome underscores the leverage that even leaseholders can hold when rights of light are credibly asserted.

This case highlights the importance of combining legal expertise with robust technical evidence in navigating rights of light disputes. Even where lease documentation seeks to limit rights, longstanding use and carefully framed legal arguments can create a strong foundation for negotiation or settlement.