Rights Of Light And Building Agreements

Building agreements between neighbours are not unusual. They may include an express release of rights of light or a reciprocal agreement allowing neighbours to build on their respective lands without objection. Unfortunately not all agreements are well drafted and arguments about interpretation frequently arise. Their meaning may have significant consequences, particularly where the ability to build has an impact on the viability of a development scheme.

An argument about the ambit of such an agreement came before Mr Justice Lewison in a recent High Court case. He had to decide whether a lease which reserved to the landlord a right to build on adjoining land prevented the tenant from acquiring a right to light by prescription even if the reservation did not expressly mention rights of light.