“Easements to light are one of the oldest property rights and the principles are very entrenched. However a spate of controversial cases over recent years and general feeling of panic among developers has encouraged the Law Commission to investigate:
‘whether the law by which rights to light are acquired and enforced provides an appropriate balance between the important interests of landowners and the need to facilitate the appropriate development of land.’
This article provides a recap of the current law in relation to rights to light and touch upon some of the problems faced by developers and landowners alike.”
Hardwicke Chambers, 7th June 2012
Court of Appeal
“A property owner who made an agreement with a developer as to his prescriptive rights to light in respect of a development which would have had a minimal impact on the light to that property, did not lose those rights to light, so that a developer whose later redevelopment would extinguish those rights to light could not rely on the earlier agreement to defeat the owner’s rights.”
The Times, 2nd March 2009
Please note the Times Law Reports are only available free on Times Online for 21 from the date of publication.