Q&As

A freeholder has a right of light for the benefit of its property and then grants a 999–year lease of that property which reserves rights of light, excludes implied rights and (where the tenant has not held the lease long enough), acquired rights. Can a freeholder get an injunction where it has no way itself of enjoying the right of light for the next 999 years? Is there any case law on this?

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Produced in partnership with Katherine Illsley of 4 King’s Bench Walk
Published on: 06 November 2017
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A right of light is an easement. It is a right enjoyed in respect of a building for it to receive the natural light that passes over someone else’s land and then enters through defined apertures (such as windows or skylights) in that building. The right of light entitles the beneficiary to receive sufficient natural light so that the rooms served by apertures can be used for their ordinary purpose (Colls v Home & Colonial Stores Ltd).

As with other easements, a right of light can come to an end as a result of ‘abandonment’. There are other ways in which

Katherine Illsley
Katherine Illsley

4 King’s Bench Walk

Katherine’s family practice covers matrimonial finance, TOLATA, Schedule 1, and private law children proceedings. She has experience acting for local authorities, guardians and parents in public law children cases, including in cases involving allegations of non-accidental injuries.

Katherine also is regularly instructed in housing and property work, and due to the frequent crossover with family law has a particular interest in cases involving trusts.

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Jurisdiction(s):
United Kingdom
Key definition:
Rights of light definition
What does Rights of light mean?

A right of light is a form of easement that gives a landowner the right to receive light through defined apertures in buildings on its land.

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