Rights of light claims

The following Property Disputes practice note provides comprehensive and up to date legal information covering:

  • Rights of light claims
  • Is there an interference with the right to light?
  • The Waldram Method
  • What remedies are available?
  • Injunctive relief—introduction
  • Interim injunctions
  • When will an interim injunction be granted?
  • Where and when to apply
  • Documents required for an interim injunction application
  • Service
  • More...

Rights of light claims

Is there an interference with the right to light?

Where a right of light has been established (see Practice Note: Establishing and maintaining rights of light) but there is alleged interference with it, you will need to consider:

  1. how is the defendant interfering with it?

  2. how much light has to be obstructed in order to be able to take action?

The following principles have been established:

  1. interference must amount to a nuisance. The mere interference with the light, or the fact that there is not as much light as before, is not enough

  2. the test is whether the diminution caused by the obstruction is such as to make the building a sensible degree less fit than it was before for the purpose of business or occupation according to the 'ordinary notions of mankind'. The amount of light sufficient according to the ordinary standards of mankind increases as standards increase

  3. other lights which the servient owner can control may be taken into account

  4. the amount of light to which the claimant is entitled is that appropriate to the normal use of a building of its particular character. The standards will therefore be different for a house and office, shop or factory or a greenhouse

  5. the rights can only be claimed for a window or other aperture in a building

The Waldram Method

There is no fixed

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