With the Autumn Equinox behind us, the nights are now longer than the days until the Spring Equinox next year.

While there is nothing that can be legally done to stop the changing of the seasons, your nights might feel longer if a new development has cut off the daylight to your property.

Right to light is a surprisingly complex issue, so it is best to understand what you can do when living in shadow.

Do I have the right to light?

Right to light is not something that is automatically granted when you own a property.

If you are fortunate, you may have a right to light factored into the title deed or acquired by prescription – this process is known as an easement.

Many properties do not have this included by default, meaning that they may not have a right to light at all.

The only other way to gain a right to light is if your property has enjoyed a certain level of daylight without interruption for 20 years and this is enforced by the Prescription Act 1832.

While you might have bought your property for its stunning view or for a sun-soaked garden, right to light only covers the inside of your property.

It does not give you the right to direct sunlight, but it does protect a certain amount of natural light entering the property.

Often decided by the Waldram Method, the following factors will determine whether you have legal grounds to raise a right to light case:

· The sky factor – How much of the sky is visible from a reference point at table height inside a room?

· The 0.2 per cent threshold – Is there a minimum of 0.2 per cent of the total light from the entire unobstructed sky dome reaching the point in question?

· The 50/50 rule – Is at least 55 per cent of the room’s area illuminated above the 0.2 per cent threshold?

If the Waldram Method reveals that less than 55 per cent of the room is illuminated below 0.2 per cent, then you may have legal grounds to resolve your dispute.

How do I protect my right to light?

Where the real problem arises is that planning permission can be granted without any consideration of how neighbouring properties will have their right to light diminished.

This means that your neighbour or a property developer might be full steam ahead with a fully approved development, only for you to now lodge a legal challenge.

In the first instance, it is best to try and raise an issue with those conducting the work to find out whether any adjustments can be made.

Where an amicable solution is not possible, you will need legal assistance to handle the situation and potentially take matters to court.

Proving you have a right to light and that it will be negatively impacted by the development is vital and our team at Palmers Solicitors can help you gather the evidence you need.

A successful right to light challenge may see the development undergo alterations to restore your light or see it demolished if modifications are not possible.

Should the building be considered to have notable public or social benefits, it will likely stay as it is and you may be entitled to compensation for the negative impact.

Essex is a thriving place, so it is understandable that some developments may accidentally impact the quality of living for those around them as the area continues to grow.

Our team can help you to find a solution that protects your legal rights and honours your legal responsibilities with compassionate, expert support. Don’t dwell in the dark unnecessarily. Speak to our team today.