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RIGHTS OF LIGHT ASSESSMENTS

What is it?

A right of light is a private, legally, enforceable easement or right to a minimum level of natural illumination trough a defined aperture, usually a window opening, whether conferred by express or implied grant or obtained at common law by a process of long, uninterrupted enjoyment known as ‘prescription’. As with all easements, there is a dominant tenement that enjoys the rights and a servient tenement that is subjected to and carries the burden of their existence.

What is it for?

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There are several circumstances in which a rights of light assessment is required. These may include:

• Advising an adjoining owner who has concerns regarding a potential infringement to a right of light.
• Assisting a developer wishing to assess impacts of rights of light on a development scheme or wishing to determine the maximum size of a potential development.
• Determining the amount of compensation where the parties have agreed that this would be acceptable.
• Acting for one or more parties (or as a court appointment expert) where the extent of light injury and the rights that relate to it or them need to be qualified and evaluated.
• Assessing risk for funders, insurance companies, mortgagees or other interested parties.

Requirements

A general rule of thumb which has been established in case law is that if a room can receive “adequate light” to 50% for a commercial room area, then sufficient light is considered to be maintained and no infringement has occurred. Where rooms are already below these light levels in the existing situation, any further loss of light may be considered technically actionable in law.

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