A right of light is a type of easement, i.e. a right that is enjoyed over land that belongs to someone else, that benefits the land. It is an essential characteristic of any easement that the land that is burdened by the right and the land that is benefiting are owned by two different parties.
A right of light is a right to enjoy the natural light that passes over someone else's land and then enters through defined openings in a building, usually windows. The opening might also include skylights or glass roofs.
If a right of light has been acquired, then the beneficiaries are entitled to continue to receive sufficient natural light into their room or space so that it can be used for its ordinary purposes. This means that, depending on the facts of the particular case, rooms might be entitled to receive different levels of light depending on how they are used. For example, a greenhouse requires more light than a storeroom might.
Do I have a right to light claim against my neighbour?
This is all very fact-dependent, but it may not be sufficient to show that there has been a reduction in the amount of natural light available; the loss of the light has to amount to a nuisance.
What does nuisance mean in this context?
If you think that your right of light has been adversely affected, then you will have to prove that your property has been made substantially less comfortable and convenient than it was before the reduction in light. You might have a situation where the room or building was already poorly lit, and if that is the case, then you would still have to determine if the reduction in light from whatever level it started at has caused substantial interference with your reasonable enjoyment of that room or property.
How do you measure sufficient light?
There isn't a standard measure because it does entirely depend on the space that you are looking at, the light that it was experiencing before any change and then an expert would need to be involved to give a view on whether, post any works on the neighbouring land, you can still reasonably enjoy the room or space.
Does right to light protect my property's view?
The answer to this is no. There is no such thing as a legal right to a view or a particular view from a property, and a claim to a right of light is entirely distinct from any arguments about interruptions to views.
Does right to light guarantee my previous light levels?
No. Works can be undertaken on the neighbouring land that reduce the amount of light that is being provided to your property, and the relevant question is whether the light that you have left coming into the room is sufficient for the ordinary everyday use of the room in question.
How can I acquire a right of light?
There are various ways in which you acquire rights of light, including by an express grant in a deed of easement. These are rare but sometimes exist. There may be a right of light that is given by statute, or it is sometimes possible to acquire a right of light over time if a property or rooms have enjoyed the benefit of light for a period of over 20 years.
How to avoid right to light claims when building?
There are several ways in which a right of light can be extinguished, suspended or defeated. For example, if the land that was burdened by the right to light and the land that benefited from the right to light were owned by the same party at one time, then the right of light might be suspended.
You might also have had a physical impediment that interrupted the flow of light before the right of light arose. For example, if a building has been receiving light for several years but not quite 20 years, and there is no express grant of the right of light, then the right of light may not have crystallised for the benefiting party.
You might also encounter a situation where a hoarding or screen is erected before any new development starts, interrupting the right of light flowing into an adjoining building. If that is the case, then in order to prevent the right of light from being acquired, the physical barrier would have to be in place before 19 years and one day at the start of any period.
A working example of right to light
A decides to build an extension to her house, which has windows that will overlook B's land, which is used as a cricket field. The windows were put in exactly 19 years and one day ago. B then decides to build a high fence around the cricket ground, which obstructs the light flowing into A's windows. A cannot take legal action to contest the erection of the new fence because she will not have enjoyed a right of light for 20 years at that point. However, on the first day of the 21st year, A could show 20 years of enjoyment and could protest about the erection of the fence.
What is a light obstruction notice?
The Rights of Light Act 1959 introduced the concept of light obstruction notices, which are a way of interrupting the enjoyment of light without the need for erecting a new physical obstruction. A light obstruction notice is a notice that is registered as a local land charge on the property register, which effectively means that you can interrupt the accumulation of prescriptive rights of light and prevent the neighbour from claiming a full right of light.
How long does a light obstruction notice last?
Typically, they last for one year.
When might you use a light obstruction notice?
You might use one of these to prevent a neighbour from gaining a right to light, especially before a development commences. They are helpful because they create a notional obstruction without the cost or need for anything physical to be erected.
My right of light is about to be infringed, what can I do?
If you had the benefit of a right to light, then you could apply to the Court for an injunction to stop the development work. It should be noted that the Court has the discretion to award financial damages in place of an injunction. If you are thinking of applying for an injunction, then you should always act very promptly, as any delay could influence the Court's decision as to whether or not to award an injunction or damages.
A recent example of an application to the Court for an injunction to restrain an interference with light is the case of Cooper v. Ludgate House Limited from 2025. In that case, the High Court refused to grant an injunction to two owners of residential departments in a development in London to restrain an interference with their rights to light. Instead, damages were awarded and assessed at £350,000 for one party and £500,000 for the other.
The defendant in that case was the owner and developer of a mixed-use 19-storey development in London. The construction of the building had interfered with the flow of light into the claimant's apartments. There was diminished light in the bedroom of one apartment, and in the bedroom, living room, kitchen, and dining area of the other apartment. The flats had enjoyed light since they had been constructed between 1996 and 1998.
The Court was required to look at whether or not there was an actionable interference with the light coming into the flats, and they concluded that the new development has created an actionable interference. The light remaining in the affected part of one flat was insufficient for the ordinary use and enjoyment of the rooms.
Similarly, there was a substantial adverse effect on the ordinary use and enjoyment of the other flat. The Court decided not to grant an injunction, and instead, damages were awarded for the interference caused.
This information is for guidance purposes only and does not constitute legal advice. We recommend you seek legal advice before acting on any information given.
