Let There Be Light

A right to light is a right which is enjoyed over neighbouring land which allows a landowner to receive light through defined apertures in buildings on its land. It is a form of easement which can be acquired by express grant, implied grant or by prescription. Historically, a right to light was acquired by prescription under the Prescription Act 1832 (the “1832 Act”). Prescription allows for the creation of an easement which is akin to a formal grant on the basis of long enjoyment for a period at least twenty years without interruption (unless defeated by oral evidence) or 40 years for a right to be absolute or indefeasible. Section 3 of the 1832 Act specifically applies to easements of light and provides that any claim to the use of a right to light which is enjoyed for a period of 20 years without interruption shall be an absolute and indefeasible right.  Distinct from other easements, there is no requirement to establish user as of right in relation to easements of