Q&As

Is an express grant of an easement of light which purports to be for the benefit of buildings to be constructed in the future valid (the land is currently vacant)?

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Produced in partnership with Chris Bryden of 4 King’s Bench Walk
Published on LexisPSL on 13/08/2019

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

  • Is an express grant of an easement of light which purports to be for the benefit of buildings to be constructed in the future valid (the land is currently vacant)?

Is an express grant of an easement of light which purports to be for the benefit of buildings to be constructed in the future valid (the land is currently vacant)?

An easement of light like any other easement is a right that benefits one plot of land by giving such rights over adjacent land. A right to light is an important right as it prevents the owner of the servient land from interfering with that right, for example, by the construction of buildings on their plot of land which would block light. The scope of such a right is ordinarily that the dominant land has the right to a reasonable amount of natural light from the sky to the windows of their buildings.

The right to light applies in respect of windows or other apertures in a building rather than to the land itself. The right

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