can also be granted expressly and such rights apply immediately and do not need to wait 20 years to become effective. However, express grants not very common. Express references to daylight are used mostly to exclude the granting of any rights.
It is important to realise that a right to light is only a right to daylight and is not a right to sunlight or the right to a view. Furthermore, enjoyment of daylight for 20 years does not give a right to all the daylight which has been enjoyed for that period but only to sufficient daylight for the ordinary purposes of mankind and it is the ability to calculate the amount of daylight received which is the hall-mark of the rights of light specialist.
If a person’s rights in respect of his property are, or would be, interfered with to an extent that is recognised by law, the primary remedy which can be applied by a judge is the granting of an injunction to prevent that interference or to have the obstruction removed. However, by following certain established rules, a judge has a discretion to order the payment of damages in lieu. The calculation of the appropriate level of damages is also part of the expertise of a right of light consultant.
It is important to realise that a right to light is only a right to daylight and is not a right to sunlight or the right to a view. Furthermore, enjoyment of daylight for 20 years does not give a right to all the daylight which has been enjoyed for that period but only to sufficient daylight for the ordinary purposes of mankind and it is the ability to calculate the amount of daylight received which is the hall-mark of the rights of light specialist.
If a person’s rights in respect of his property are, or would be, interfered with to an extent that is recognised by law, the primary remedy which can be applied by a judge is the granting of an injunction to prevent that interference or to have the obstruction removed. However, by following certain established rules, a judge has a discretion to order the payment of damages in lieu. The calculation of the appropriate level of damages is also part of the expertise of a right of light consultant.
RIGHTS of LIGHT
Daylight is a valuable commodity and owners and occupiers of buildings need to protect their rights to it. Developers need also to be aware of the risks of interfering with the rights of others. Some protection is given by the Planning system which works for the benefit of the public but for most people, any rights to light which they do have have been acquired by their windows enjoying the receipt of daylight for a continuous uninterrupted period of 20 years. Interruptions of less than one year do not count. Since the rights are attached to windows in buildings rather than to people, these rights can be passed on when a building is sold as also can potential rights when the enjoyment has not lasted for 20 years provided that the rights or potential rights are over land in different ownership. Of course, rights of light
Published papers on Rights of Light
Rights of Light - Problems & Anomalies 2005 Has the Lost Modern Grant been found?
