The law on the right to light could become more transparent under Law Commission recommendations for reform contained in its report, Rights to Light, published this week.
Issues can arise over competing private property rights to light where, for example, a landowner wants to put up a building that will block the natural light to a neighbouring property. These rights can be given by one neighbour to another, or acquired informally by prescription over the course of years. Currently, there is no time limit for a claim of infringement, therefore disputes can drag on for years. In some cases, the courts can order a building to be demolished once it has been built.
The Commission recommendations include a statutory notice procedure setting a time limit for injunctions; a statutory test to clarify when courts may order damages to be paid rather than halting development or ordering demolition; and an updated procedure to prevent neighbours acquiring rights by prescription.
Law Commissioner, Professor Elizabeth Cooke said: “Our reforms will clarify the legal relationships between the parties, bring transparency and certainty, and reduce the scope for disputes.”
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