LPC: INTERVIEWING AND ADVISING ASSESSMENT: LEGAL NOTE 8
INTERVIEWING AND ADVISING ASSESSMENT
LEGAL NOTE 8
Legal Practice Course
This Legal Note is closely based on extracts from Chapter 1 and 2 of the
Property Law and Practice (‘PLP’) module and is intended to remind you of
the law relevant to your scenario. You are not required to carry out any
further research but an understanding of the fundamental principles of the
PLP module is assumed.
Right to light
A right of light is an easement to enjoy the natural light that passes over someone
else’s land and then enters through a defined aperture in a building (e.g. a window).
There are several ways in which a right of light can be established. Two methods are:
an express grant by deed; or
acquired by prescription under the Prescription Act 1832 (‘PA 1832’). To succeed
in claiming a right under the PA 1832, the light has to have been enjoyed without
interruption for a period of at least 20 years from the date on which the action
asserting the right was begun and the light has to have been enjoyed without any
written consent.
Rights to light are often considered on a sale of part because the seller may want to
ensure the buyer does not get a right of light as that would stop the seller being able to
develop the land the seller is retaining. To this end, a right to light can be expressly
excluded from the land being bought.
If the land being bought is registered, any express grant of a right to light will be
recorded in the official copies in the Property Register.
If registered land is burdened by an express right of light this will be recorded in the
Charges Register.
If a right of light has been established the owner of the dominant land (i.e. the land
benefitting from the right of light) is entitled to an uninterrupted flow of sufficient light for
the comfortable use and enjoyment of the building: Colls v Home and Colonial
Stores Limited [1904] AC 179.
The remedy for the disturbance of a right of light is an action for nuisance.
The court may grant an injunction preventing the continued nuisance or it may award
damages instead. This could mean that a development may be prevented due to the
enforceable right to light even if planning permission has been granted by a local
authority.
LAW SCHOOL Page 1 of 2
INTERVIEWING AND ADVISING ASSESSMENT
LEGAL NOTE 8
Legal Practice Course
This Legal Note is closely based on extracts from Chapter 1 and 2 of the
Property Law and Practice (‘PLP’) module and is intended to remind you of
the law relevant to your scenario. You are not required to carry out any
further research but an understanding of the fundamental principles of the
PLP module is assumed.
Right to light
A right of light is an easement to enjoy the natural light that passes over someone
else’s land and then enters through a defined aperture in a building (e.g. a window).
There are several ways in which a right of light can be established. Two methods are:
an express grant by deed; or
acquired by prescription under the Prescription Act 1832 (‘PA 1832’). To succeed
in claiming a right under the PA 1832, the light has to have been enjoyed without
interruption for a period of at least 20 years from the date on which the action
asserting the right was begun and the light has to have been enjoyed without any
written consent.
Rights to light are often considered on a sale of part because the seller may want to
ensure the buyer does not get a right of light as that would stop the seller being able to
develop the land the seller is retaining. To this end, a right to light can be expressly
excluded from the land being bought.
If the land being bought is registered, any express grant of a right to light will be
recorded in the official copies in the Property Register.
If registered land is burdened by an express right of light this will be recorded in the
Charges Register.
If a right of light has been established the owner of the dominant land (i.e. the land
benefitting from the right of light) is entitled to an uninterrupted flow of sufficient light for
the comfortable use and enjoyment of the building: Colls v Home and Colonial
Stores Limited [1904] AC 179.
The remedy for the disturbance of a right of light is an action for nuisance.
The court may grant an injunction preventing the continued nuisance or it may award
damages instead. This could mean that a development may be prevented due to the
enforceable right to light even if planning permission has been granted by a local
authority.
LAW SCHOOL Page 1 of 2
