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No need to get left in the dark …


Murphy Surveys’, Chartered Geomatics Surveyors, will measure and record the fundamental spatial facts that may be used to ground your Rights of Light claim.

 


Both the Society of Chartered Surveyors of Ireland (SCSI) and the Royal Institute of the Architects of Ireland (RIAI) have finalised the findings of a joint working group that was set the formidable task of addressing the challenging issue that is Rights of Light.

 

In June 2016 they jointly published a Guidance Note – Rights of Light, to further add to their libraries of existing professional standards. Members’ are not required to follow the recommendations, as published, in a Guidance note; however, the Courts may defer to what they recommend and then use them to establish if a member acted with reasonable competence [or not].

 

rights to light bim laser scanning

The above illustration is that of a Murphy Surveys Scan-to-BIM project.  All data was captured by way of traditional survey methods, to establish site control and then laser scanning to acquire the physical structure. The shadow-cast analysis shown is merely illustrative only. It is one, of the many after uses of a BIM model.  

 

 

What is a Right of Light?

 

According to the guidance note:

 

It is a private, legally enforceable easement or right to a minimum level of natural  daylight illumination through a ‘defined aperture’, usually a window opening, whether conferred by expressed or implied grant or obtained at common law by a process of long, uninterrupted enjoyment known as ‘prescription’.

 

As with all easements, there is a dominant and a servient tenement. The dominant tenement enjoys the right and the servient tenement is subject to and carries the burden of its existence.

 

So what does all this mean for you?

 

If you live in a property that has benefited from natural daylight, then any development of a neighbouring property may interfere with your enjoyment. Depending on the level of interference it may reduce the amount of daylight to levels that are deemed insufficient. Where this arises it is likely that you will require the services of, but not limited to; a solicitor, an architect, and a specialist geomatics surveyor.

 

Murphy Surveys have an array of specialist geomatics surveyors who are taught, trained and appropriately equipped with the requisite knowledge and complex equipment to accurately replicate the spatial aspects that are particular to your nuanced claim. Services particular to this type of claim are; surveying – everything from basic plans to detailed laser scans, preliminary and expert reports, expert witness and historical data analysis.

 

If you would like to discuss this matter, please, do not hesitate to contact Murphy Surveys, today, where we would be happy to discuss your issue with you in greater detail. 045484040 or info@murphysurveys.ie