Rights of light

Rights of light

The right to light is an easement that is frequently the source of dispute.

An owner of land has no natural right to light at common law. Accordingly, it must be established that the right has been obtained by grant or prescription.

A grant of a right of light may be express, implied, or pursuant to the rule in Wheeldon v Burrows.

In respect of acquiring the right by way of prescription, there are three ways that the right can be claimed:

•
under the Prescription Act 1832 (PA 1832)
•
at common law, or
•
by lost modern grant

The latter two methods are rarely used

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