Rights of light—identifying provisions in leases—checklist


Produced in partnership with Charlotte Coleman of Winckworth Sherwood
Checklists

Rights of light—identifying provisions in leases—checklist


Produced in partnership with Charlotte Coleman of Winckworth Sherwood

Checklists
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This Checklist sets out which clauses in a lease and other relevant documents should be reviewed to determine whether a right of light exists.

A right of light is an easement that entitles a landowner to receive natural light through an aperture in a building on its property. The owner of the land that is burdened by the right of light (the 'servient Building') cannot interfere with it without consent. On any proposed development it is therefore necessary to identify any neighbouring properties potentially enjoying a right of light (the 'dominant Building').

For further information regarding rights of light, see the following Practice Notes:

  1. •

    Establishing and maintaining rights of light

  2. •

    Rights of light—obstruction notices

  3. •

    Rights of light claims

  4. •

    Rights of light—insurance for developers

Section 2 of the Prescription Act 1832 (PA 1832) requires actual enjoyment of light, which means that a right of light can be acquired for their own benefit and in their own right by those with a lesser interest than a freehold—for more information, see Practice Note:

Charlotte Coleman
Charlotte Coleman

Winckworth Sherwood

Charlotte trained at Rosling King LLP and qualified in October 2008. She then worked at Osborne Clarke for four years, before joining the Property Litigation team at Winckworth Sherwood in October 2012. She regularly advises on contentious commercial landlord and tenant issues, including all aspects of estate and asset management, and has significant experience advising on vacant possession strategies, rights of light issues, party wall issues, restrictive covenants, easements, access rights and trespass.

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Jurisdiction(s):
United Kingdom
Related legal acts:

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