A Right of Light comes either by Express Grant or covenant or more commonly from the Prescription Act of 1832
The principal is that you have a right to continue to receive natural light through the openings in your building.
Such a Right is acquired after continuous enjoyment of light for 19 years and a day through that opening.
If someone intends to erect or alter their building in a way that significantly reduces your light then it is quite probable that: –
- You can obtain an injunction to halt such works in the first instance and get the works modified to reduce the impact on you light or, if not possible:-
- Obtain compensation for the loss of light.
It is worth noting that this is not something that the Local Authority Planning Department considers when reviewing a Planning Application.
If you think you may have a potential loss of light or, you are concerned that your proposed works or development may affect someone else’s Right Of Light, then please give us a call.