RIGHTS of light are becoming more important as developers find space remains at a premium, forcing them to construct buildings taller and closer together.

However, if a new development limits the amount of light coming in through the windows of a neighbouring building below the accepted level, then legal action may be possible against the developer.

This is why rights of light are becoming important, especially since the court can require a developer to pull down an offending part of a building.

Rights of light can be created expressly, but developers should be aware that they can arise without being expressly created.

It is important from a developer’s perspective to ensure that consideration is given to any rights of light which may have been acquired by prescription by neighbouring building owners. Rights acquired by prescription are those rights to light enjoyed continuously for 20 years without consent or agreement In the case of RHJ Limited v FT Patten (Holdings) Limited, a neighbouring landowner objected to a development on the basis that it would obstruct their right to light.

The case demonstrated the importance of early action by developers who, in this case, served a light obstruction notice. Once the notice has been served, neighbours have a year to assert their right to light.

If the notice remains unchallenged after a year the right to light is deemed to have been interrupted.

In order to claim prescriptive rights, the neighbouring landowners would have to enjoy the rights of light for a further 20 years.

In this case, issues were brought into the open by the developer serving a light obstruction notice. The court found that there was a clause in the neighbouring landowner’s lease allowing the adjoining landowner the right to develop the land.

Even though there was no specific mention of a right of light, the court decided that a general clause allowing the right to develop adjoining land was sufficient to prevent the neighbouring landowners from acquiring a right to light over the land.

■ Nagina Hussain is a solicitor specialising in commercial property with BHP Law. She can be contacted on 01642-672770.