Rights to Light

Landmark’s property team is very experienced in the law relating to rights of light. A member of the team is one of the authors of the leading modern practitioners work on the subject.

The team regularly advises developers and landowners, and occupiers of properties whose light may be affected by building works.

Topics covered include amongst others:

• The existence or otherwise of prescriptive rights of light in a particular case having regard to the evidence gathered, under the Prescription Act 1832 and Lost Modern Grant;
• The interpretation of provisions in leases and other documents purporting to authorise a development notwithstanding its effect on light to other properties;
• The operation of Light Obstruction Notices;
• The risks of potential claims for rights of light arising due to a proposed development and how to deal with them;
• Rights of light insurance.

In the event of litigation, the team has extensive experience of dealing with cases relating to rights of light in courts at all levels.