Rights of light

What is a right of light?

A right of light is a form of easement that gives a landowner (who may be a freeholder or a tenant) the right to receive light through defined apertures in buildings on its land. An owner of adjoining land who unlawfully interferes with that light may be restrained from doing so and/or may be ordered to pay damages.

A right of light can be distinguished from other easements in two ways:

1. •

   for the purposes of establishing a prescriptive right under the Prescription Act 1832 (PA 1832), the enjoyment of the right of light does not need to be ‘as of right’ (unlike other types of easements—see Practice Note: Acquisition of easements by long use), and

2. •

   it does not exist for the benefit of land generally, but for defined apertures in a building—therefore the enjoyment of a right of light cannot commence until a building has been constructed with windows which receive light

How is a right of light acquired?

An owner of land has no natural right to light at common law. A right of