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  • Here's one for you leasehold / freehold experts.

    We've got a building site next door. They've passed planning permission and they're constructing. Freeholders are objecting on the grounds of decreased light, which is fair because it will seriously impact our quality of light.

    The Freeholders lawyers are aiming for compensation for this. Should any of that money make it back to the Leaseholders - the ones who are ultimately suffering from the lack of light - or is this considered to be a financial impact on an investment?

  • If you haven't checked already I think the first step could be to look at your lease to see if it specifies that light is reserved to the freeholder.

    The principles involved are a bit long winded but I had a google and the following article, especially point 1, explains the issues behind it (albeit from the freeholder's perspective - i.e. trying to encourage freeholders to remove leaseholder rights. It's written by an actual lawyer, just to show I'm not talking complete bollocks).

    http://hsfnotes.com/realestatedevelopment/2016/07/27/tenants-and-prescriptive-rights-to-light-five-tips-for-developer-landlords/

    This suggests tenants can claim their own rights to light when the lease allows it and that they can also claim a proportion of compensation payments.

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