In Anstey’s rights of light and how to deal with them, a right to light is defined as:
'An easement…a right acquired by one party over someone else’s land…the right is to have daylight available from the sky…you are entitled only to adequacy…[which is] something like half the room sufficiently well lit at approximately table-top level'.
There are various methods used to acquire a right to light, the most common being the Prescription Act 1832 (s3 deals with rights to light).
The following books provide an up-to-date appraisal of rights to light. They are available to borrow from RICS Library and may also be available to buy from RICS Books.
- Rights of light: the modern law
Bickford-Smith, Stephen Jordan 2007 ISBN 9781846610240
- Anstey’s rights to light and how to deal with them
Harris, Lance RICS 2006 ISBN 1842192221
- Practical neighbourhood law handbook
Redler, Alistair RICS 2006 ISBN 1842192361
Three prominent cases in rights to light determination which can be viewed on BAILII website are:
Tamares (Vincent Square) Ltd v Fairpoint Properties (Vincent Square) Ltd ([2007] EWHC 212 (Ch))
Dennis Regan v Paul Properties DPF No 1 Ltd and others
([2006] EWCA Civ 1319)
Midtown Ltd v City of London Real Property Co Ltd
([2005] EWHC 33 (Ch), L128821).
The key issues for surveyors in Midtown are discussed in a RICS Business article by Alistair Redler, Let there be light.
Rights to light: recent decisions, examines the cases Tamares and Regan.
RICS has also produced a brief guide, Right to light: what every property owner should know which provides advice for the general public on protecting the right to daylight.
This hot topic brings together a list of mainly books and journal articles on rights to light. A full list of hot topics is also available.
