Q&As

Do rights of light provisions in a transfer of part bind the buyer’s successors in title? For example, on a sale of part from B to A: there is no express grant of rights of light to A and the transfer expressly prohibits A from acquiring a right to light over the retained land by implication or prescription. Will such provisions bind A’s successors in title?

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Published on: 29 May 2019

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This Q&A deals with a situation where party A is purchasing part of a property from party B and the transfer does not contain any express grant of rights to light and states that party A cannot acquire any rights to light either by Prescription or impliedly over party B’s land.

Party A then sells its land. The provision in the transfer will be binding on successors in title assuming that it has been correctly registered.

What is an easement or a right to light?

Rights of light are types of easements that are enjoyed over land belonging to the servient land, which, in turn, benefits the dominant land. For more information, see Practice Note: Easements—nature

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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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