Rights of light case law


Rights of light is a complex area of case law and a subject notorious for generating friction between building owners and occupiers. In order to navigate this particular legal arena and protect your interests or the interests of your clients, it is important to grasp the basic means by which a right of light can be obtained or lost, as well as the ways in which infringement of a right of light may occur and what recourse the victim of infringement has in such cases. These and related issues are addressed in this section.

In short, a right of light can be acquired by express grant or reservationimplied grantimplied reservation or prescription. It can likewise be extinguished by a number of means.

Infringement of rights can lead to litigation, with remedies being abatement and declarationsinjunctions or damages. Finally, high hedges can be a particularly thorny issue in relation to neighbours.

This section is maintained by Paul Fawell of Right of Light Consulting.