Right to Light can be a tricky issue

Property owners often presume that their land extends from the depth of the Earth to beyond its reaches; however, this can lead to complicated situations. For instance, if a neighbour builds up close to your property line it could steal your sunlight – something worth considering when assessing potential future ownership.

For over a century, property owners have held the legal obligation to receive a right to light that passes through neighbouring land. Under the Prescription Act 1832 and ancient principles, this entitlement can be acquired if relied upon for 20 years or more — as long as it is demonstrated there's an aperture (like a skylight) in place allowing beneficial use of said light.

This provides protection against receiving less than what’s ‘reasonably necessary’ according to how your building has operated.

The Law Commission is seeking to revolutionise how right-to-light laws are applied in the UK. By proposal, they hope that development can progress without having to become a hostage situation between neighbours and developers.

An attempt at striking an equilibrium has been made so both parties’ legal rights remain intact while still allowing necessary developments forward motion.