Rights of Light A right to light is an easement: i.e. a right to acquired by one party over another’s land. Such an easement is usually acquired after 20 years uninterrupted use, but can be lost after one year if interrupted without complaint. The right is to light, not to a view, and is not to all light but to a legal minimum level. In general it can be said that if a room is left with half its area, at the working plane, lit to a minimum standard, then that room, however much light it might have lost, is not injured – this is called the “50/50 rule” and usually applies. The amount of light a room receives will depend on: Its depth and height The size and position of its windows External obstructions (existing and proposed structures) Using Waldron Diagrams (now incorporated into computer software) it is possible to calculate the light received in a room before and after the obstruction is constructed. Where there is a loss of light below the minimum standard then the loss is quantified by the area and weighted depending on where in the room the light is lost. The loss can then be valued by multiplying the figure by approximately 30% of the rental value and then compounding (using Years Purchase collections). The procedure is repeated for each room. There is however a point where the loss of light is so significant that the courts will allow an injunction and not damages. If the project is then to continue the adjoining owner may have a ransom situation. >>> Back to Services Main Page
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