The Basics: What are rights of light?
At its core a right to light is an easement giving a property owner (of ‘the Dominant Land’) the right to enjoy the light passing over somebody else’s land (‘the Servient Land’). This right can be acquired through long-term use, statute, explicit or implied grant or local custom and is protected from significant interference through a material loss of light affecting the reasonable use of property.
Under the s.3 of the Prescription Act 1832 and the Rights of Light Act 1959 owners are entitled to sufficient natural light according to the ordinary notions of mankind. As long as there has been uninterrupted access to light for 20 years there is generally a right of light.
How is light measured?
The Waldram method is the current standard for measuring light. It remains the starting point for surveyors; however, it is an increasingly outdated method with more favourable methods including radiance and climate-based daylight modelling being used to generate a more realistic effect of a development on access to a right of light.
What are the issues around rights of light?
At present this is an area of law with uncertainty due to no cases reaching the High Courts for a full trial since 2020.It is an area where developers regularly choose to resolve disputes through out of court settlements. Failing to consider rights of light can have detrimental consequences for developers. Developers may have to alter or scale-back their plans for development, severely impacting profit margins.
The general rule is that a breaching developer is not to use damages as a way of purchasing the breached land’s rights. Instead, injunctions are the preferred method. This can be seen in the case of HKRUK II (CHC) Ltd v Heaney [2010] (Heaney) in which the developer was forced to demolish part of the development at a cost of over £2.5 million due to infringing on a right of light. This has led to expensive right of light indemnity insurance and developers to feel they are being held to ransom.
What’s important about the Cooper v Ludgate House Limited and Powell v Ludgate House Limited cases?
Involving a £2 billion redevelopment in central London and being the first case of its kind to reach the High Court since 2020, the April 2025 trial led to multiple arguments that Native Land is infringing on the claimants right of light by making it hard for the complainants to read in bed due to the 18-storey development blocking out natural light.
Contrary to the decision in Heaney, it was decided that damages would be the appropriate form of remedy. The parties were awarded £500,000 and £350,000 respectively as a result of the breach. The judge cited that “There are strong arguments, in modern times, why over £200 million of development costs of development costs should not be wasted”. The judge also made a point on the environmental impact that demolishing and rebuilding the site would have. This shows a move from the traditional position with which remedies are used in rights of lights claims. The courts seem more willing to consider other factors such as the environment, proportionality and the waste of valuable resources used to make a high quality net-zero office building which would benefit it’s surrounding area.
What can be done to prevent the rights from arising?
Keen developers have several options at their disposal to prevent land from gaining rights of light.
One way would be to physically block the property from receiving light by simply constructing a screen or starting the development. This can help defeat the possibility of a property acquiring a prescriptive right and would reset the date from which 20 years of uninterrupted light is required for the s3 prescriptive right.
The Rights of Lights Act 1959 gives developers the option to apply for a light obstruction notice, whereby a figurative light-blocking screen is constructed in the form of a local land charge. The purpose of this is to both prevent prescriptive rights from arising and to interrupt land which currently benefits from a right of light. In the former case, the prescriptive right would be prevented, and the 20-year timer would be reset. In the latter case, the dominant landowner must assert their right, or they risk losing it.
What can a developer do to defend themselves against claims?
Prior to development, developers may choose to instruct specialist right of light surveyors. Their role will be to produce a report which will identify which buildings have rights of light and how much light they are likely to lose as a result of the development.
Developers should communicate with both landlords and tenants of properties close to the development site to help ascertain if those properties benefit from any such rights.
Before any claim for breaching the right occurs, developers may choose to negotiate with the owners of the property to benefitting from the rights to effectually buy their right via a settlement.
Many insurance providers offer indemnity policies which helps limit a developer’s financial liability in the event of a breach.
Some developments may benefit from local customs. For example, the custom of London can allow developments on top of ancient foundations to intrude on others right of light so long as the building’s new foundations do not exceed laterally from the ancient foundations.
Key points to consider:
- Act early to avoid being held ransom
- Enquire rights of lights professionals for advice
- Use necessary methods to block the right from being created
- Communicate with landlords and tenants benefiting from the right and consider negotiation
- Consider a right of light indemnity policy to help protect yourself from potential claims
Rights to light remains a hot topic within the development realm that requires developers to ensure they have a vigorous risk mitigation policy and often requiring costly insurance cover.
If you have an issue with a right of light or other easements, please reach out to our Real Estate team who are experts in this area and will be willing to assist you with your matter here.