Rights of Light Applications
When would an application of right of light arise
The owner of a building may acquire a prescriptive right to light across adjacent land if light is enjoyed for 20 years without interruption of a year or more. Under the Rights of Light Act 1959, to prevent the acquisition of such rights, the owner of the adjacent land may apply to the local authority in whose area the building is located for the registration of a notice that is equivalent to the obstruction of the light. The application to the local authority must be accompanied by a certificate from the Lands Tribunal certifying that adequate notice of the proposed nominal obstruction of light has been given to all persons who appear likely to be affected by it. Where appropriate the Tribunal may certify that the case is one of exceptional urgency so that a certificate may be registered immediately as a temporary notice.
Making a ‘right of light’ application
An application must be made on the prescribed form and be accompanied by two copies of the application to be made to the local authority. The Registrar then determines what notices are to be given to persons who appear to have an interest in the building. A temporary certificate will be issued if the Tribunal is satisfied that the case is one of exceptional urgency. The Tribunal’s definitive certificate is issued once it is satisfied that the notices which the Registrar determined should be given have been duly given.
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Deeds to the property on our estate specify we do not have the “Right to Light”. Owning the property for over thirty years, we now wish to fit solar panels and need ot ensure this right to avoid peotential problems where other neigbours may wish to grow trees or alter habitat in other ways.
Is it possible to negate the deeds? How would I go about this? Does the 2011 change negate the paragraph of my property deeds (as rights to mineral wealth changed a few years ago)