Right To Light

[Pkingy 10]

Anybody know  anything about the right to light laws. thanks

[Janus 28]

I understand there have been people try to argue that as a point of law, re very tall hedges, conifers etc. I understand that it was not upheld, annoying as it may be.

 

There will be quite a bit of info example etc if you do a quick search. Here is one example:

https://www.gov.uk/government/publications/rights-to-light

 

Edited January 13, 2021 by Janus

[Jeffrey Shaw 90]

There are two main types of Right to light.

A. An easement (legal right benefitting property1 and burdening property2) explicitly granted or reserved by a Deed.

B. Ditto but gained by 'Prescription' (= passage of many years' enjoyment of the supposed right: at least 20 [to seek a claimed easement entry at HMLR] or 40 [to seek a full easement].

Under the Rights of Light Act 1959- see  https://www.legislation.gov.uk/ukpga/Eliz2/7-8/56/contents - a Local Land Charge entry can be registered in some instances, having the same effect as if there had been a physical obstruction.

 

I don't know a great deal on the topic, however. What does your own solicitor say, and are you trying to establish that:

a. there is such a right in favour of your property; or

b. there is no such right burdening your property?

 

NB: the link in post #2 relates to Law Commission proposals several years ago. They have not been implemented.

Edited January 14, 2021 by Jeffrey Shaw