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 LexisPSL on 06/11/2017

The following Property Disputes Q&A produced in partnership with Katherine Illsley of 4 King’s Bench Walk provides comprehensive and up to date legal information covering:

  • 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?

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?

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

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