Q&As

When claiming a right to light by prescription, do you need to prove that the freeholder of the servient land had actual or imputed knowledge of the use?

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Produced in partnership with Victoria Adams of 4 King’s Bench Walk

Published on: 16 June 2022

The ‘right to light’ is a legal easement which gives property owners the right to enjoy light passing over somebody else’s land, usually through a window. If the light is diminished by a new development such as to cause a nuisance, then the person asserting their right to light may be able to take legal action in respect of that. There are a number of ways to acquire a right to light, the most common being by Prescription. There are three ways that a right of light can be acquired by prescription:

•
under the Prescription Act 1832 (PA 1832)

•
at Common law by proving use of the right since time immemorial, or
•
by Lost modern grant

The most commonly relied on is under PA 1832, s 3 whereby when the access and use

Victoria Adams

Barrister, 4 King’s Bench Walk

Tori is a common law barrister practicing in a number of areas including family low, chancery and property, public and civil liberties and crime.

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Jurisdiction(s):

United Kingdom

Key definition:

Prescription definition

What does Prescription mean?

A means of acquiring an easement or Profit à prendre by long use.

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