if neither party can recognize that one of them does have the well-defined right to some action , how can negotiation take place ? so, the first issue is to establish a well - defind property right , which mean that the court can make it clear which party has the right over the sunlight . In the hotel case , the fontainebleu was given the right to build the extension . In the solar energy case prah was given the right to stop maretti from blocking the sunlight.