Rights Of Light

Rights of light are rights of a property to receive light through widows or other openings. An example of possible interference with rights of light would be the development of a low level property so that it obstructs the light of an adjoining property. Rights of light can be acquired in a number of ways but perhaps the most common is by prescription, in other words enjoyment of light for at least 20 years. The usual remedies available for breach of a right of light are an injunction and damages. Injunctions are always discretionary but in the recent past the courts have freely granted injunctions to prohibit development.

We have considerable experience of advising on right of light issues, including advice about whether a right exists; if so who has the benefit of it; bringing and defending proceedings for an injunction and damages (including acting in two of the leading cases reported in recent years); registering and objecting to the registration of light obstruction notices; and advising on local authorities' right to override a right of light. We can also recommend experienced right of light surveyors.