The consideration of trees in rights of light cases: part 1

Abstract

Purpose

The purpose of this paper is to establish a methodology by which the impact of trees may be assessed in rights of light cases.

Design/methodology/approach

By considering the available technologies and theoretical modelling, the research demonstrated that the loss of daylight resulting from the existence of trees can be evaluated to a reasonable degree such that their effect in rights of light cases may be taken into account by the courts.

Findings

The extent of obstruction to daylight that is caused by trees changes from season to season, i.e. trees grow in height and/or width and deciduous trees tend to lose their leaves during the winter. Measurement of the trees should occur during winter months and reasonable approximations can be made.

Research limitations/implications

Further research is advisable to provide a more complete compendium of tree types and to build a reliable database of transparency values and rights of light software will need to be modified to simplify the calculation process.

Practical implications

The consideration of trees in rights of light cases may be very significant. A dominant owner may be more affected by a proposed development if part of their light is already obstructed by trees and a servient owner may have an argument that existing trees cause a significant obstruction which might, in the right circumstances, reduce or remove the actionability of their proposals.

Social implications

This research will have considerable benefit to anyone contemplating rights of light involving obstruction by trees.

Originality/value

This is the first time that the use of BRE transparency factors for trees has been considered in connection with rights of light.

Citation

S. Defoe, P. and Spence, C. (2014), "The consideration of trees in rights of light cases: part 1", Structural Survey, Vol. 32 No. 3, pp. 219-237. https://doi.org/10.1108/SS-08-2013-0031