Light is taken for granted until it is lost. Whether at home, or at work light that has always been enjoyed can be taken away by a neighbouring development – anything from an extension to a tower block. In many cases there will be a legal right to receive light, and development of a neighbouring site may infringe that right. These are little-known rights but increasingly occupiers and developers are becoming aware of them. Awareness, of course, is not enough. Rights of light can be acquired by light having been enjoyed for many years but, if care is not taken, those rights can be lost or the ability to enforce them can be compromised.

We advise on rights of light issues and represent occupiers and developers in rights of light disputes. Not many rights of light cases result in court judgments, but we have acted in a number of cases that have been reported, including Beaumont Business Centres Limited v Florala Properties Limited (2020), the most recent leading case.

One of the most common ways of a building acquiring rights of light is by statutory prescription which involves the enjoyment of light over a long period of time

The following are ten questions we are often asked about rights acquired by statutory prescription and related issues, such as enforcement.

1. How old does a building have to be before it acquires rights of light?
2. Does any interference with rights of light give rise to a claim?
3. Are there deadlines of which I should be aware?
4. I objected to planning permission, but it was granted. Is that the end of the matter?
5. What is the first step that should be taken in a rights of light case?
6. Do I need a solicitor and a surveyor?
7. My surveyor has advised me that a nearby development will reduce my light by over 50%. I can’t afford to take legal advice or proceedings. What funding options are available?
8. A developer has offered me compensation to release my rights of light – what should I do?
9. My priority is to preserve my light. Can I obtain an injunction?
10. What is a light obstruction notice, and can one be challenged?

If you’d like answers to these questions, immediately and free of charge, please complete and submit the form below.

Dewar Hogan is a law firm that specialises exclusively in advice and representation in relation to property issues and disputes. The firm does a lot of rights of light work. It represents occupiers and developers; and the services it provides include advice, negotiation, litigation and the settlement of claims.