Property rights are the bedrock of society.
The more you understand them, the better.
One relatively little-known one is the right to light.
Read on to learn what it is.
What is the right to light?
If a property has a right to light, it means that your right to receive light through a defined space is legally protected.
It only applies when light comes through windows and doors in your building.
This light cannot be blocked off by someone else, such as a neighbour. If it is, the homeowner can take legal action against them.
You can get a right to light by creating an easement. All affected parties must sign this to indicate their agreement.
Automatic transfers of right to light
A right to light could also automatically transfer to you.
This happens if you’ve received access to natural light for 20 years without any interruptions.
A right to light is tied to the property. So, when new people could move in, the right doesn’t change.
The importance of the right to light
A right to light ensures that your property is not affected by external development.
Light is a crucial aspect of your experience while living in the house. Many homeowners put time into lightening their homes.
Losing access to light could drastically affect functionality and your selling price.
For example, light coming into your house could illuminate a piece of art or decorative centrepiece.
Obtaining a right to light provides you with legal protection. It ensures that you can claim in court if a property dispute arises.
Right to light without a written agreement
Having a right to light without a written agreement is possible. It’s known as a right through prescription.
It happens when you’ve accessed the same light uninterrupted for 20 years.
At this point, you may have a legal claim to have it protected, even if the necessary paperwork doesn’t yet exist.
You’ll need to prove you’ve accessed the light for this time. Verbal agreements between neighbours are not legally binding.
Removing or changing right to light
If both affected parties agree, you can put the change in writing to confirm the alteration of the right to light.
This might include a deed of release, which means that the right no longer exists. Or it could be an amendment to an easement.
Added a right to light when it doesn’t already exist
Yes. You and the other parties affected can create the paperwork that outlines the right to light.
This can also happen via prescription, meaning someone has been accessing the light for 20 years interrupted.
Finding out about the right to light on a property
This should be outlined on the title deeds related to the property.
You can get this from the Land Registry. If you’re unable to find it, speak to a conveyancer or solicitor.
When searches are completed during the property buying process, any right to light will be included in this.
Speak to your solicitor about it explicitly if you’re unsure. They can inform you if any right to light applies to you or a neighbour.
When a right to light is violated
The person negatively affected by this can take the matter to court.
Any new construction that blocks a right to light may be ordered by the court to be altered or demolished.
The person affected may also be entitled to financial compensation. The court will decide what is suitable.
