Right to Light

In English law, ancient lights or a right to light is a form of easement that gives a long-standing owner of a building with windows a right to maintain the level of illumination. They are most usually acquired under the Prescription Act 1832.

In effect, the owner of a building with windows that have received natural daylight for 20 years or more is entitled to forbid any construction or other obstruction that would deprive him of that illumination. Neighbors cannot build anything that would block the light without permission. The owner may build more or larger windows but cannot enlarge his new windows before the new period of 20 years has expired. It is also possible for a right to light to exist if granted expressly by deed, or granted impliedly, for example under the rule in "Wheeldon v. Burrows".

Once a right to light exists the owner of the right is entitled to "sufficient light according to the ordinary notions of mankind": "Colls v. Home & Colonial Stores Ltd" (1904). Courts rely on expert witnesses to define this term. Since the 1920s, experts have used a method proposed by Percy Waldram to assist them with this. Waldram suggested that ordinary people require 1 foot-candle of illuminance (approximately 10 lux) for reading and other work involving visual discrimination. This equates to a sky factor (similar to the daylight factor) of 0.2%. Today, Waldram's methods are increasingly subject to criticism [ [http://www.rics.org/Practiceareas/Property/Rightstolight/Was%20Waldram%20Wrong.html Was Waldram wrong?] , P Defoe, "Royal Institute of Chartered Surveyors", 19 October 2006] [Michael Pitts (2000), [http://www.emeraldinsight.com/Insight/viewContentItem.do?contentType=Article&hdAction=lnkpdf&contentId=844738 The grumble point: is it still worth the candle?] , "Structural Survey" 18(5):255–8] and the future of expert evidence in rights to light cases is currently the subject of much debate within the surveying profession. [ [http://www.rics.org/Practiceareas/Property/Rightstolight/Rights%20to%20light%20the%20debate.html Rights to light surveying practice, the debate begins] , Paul Chynoweth, "Royal Institute of Chartered Surveyors", 21 September 2006]

After World War II, owners of buildings could gain new rights by registering properties that had been destroyed in bombings and the period was temporarily increased to 27 years.

In the centre of London, near Chinatown and Covent Garden, particularly in back alleyways, signs saying "Ancient Lights" can be seen marking individual windows.

Under United States tort law, in "Fontainebleau Hotel Corp. v. Forty-Five Twenty-Five, Inc." (1959) the Florida Appellate Court stated that the "ancient lights" doctrine has been unanimously repudiated in the United States.

References

Further reading

* Paul Chynoweth (2004) [http://www.rics.org/NR/rdonlyres/89AF0709-4591-4BBF-9FCF-1C4C63D34DC9/0/ChynowethRTL1.pdf Progressing the rights to light debate – Part 1: a review of current practice] , "Structural Survey" 22(3):131–7
* Jonathan Karas, QC (2007) [http://www.rics.org/NR/rdonlyres/7765EE40-670C-414C-99BF-73B6807C01B2/0/RICSlight1206finalversion150107.doc Rights to Light] , "Royal Institute of Chartered Surveyors"
* [http://www.ricsbooks.com/productInfo.asp?product_id=8470 "Anstey's Rights of Light"] , John Anstey and Lance Harris, ISBN 978-1-842-19222-1
* [http://www.ricsbooks.com/productInfo.asp?product_id=11554 "Rights of Light"] , Stephen Bickford-Smith and Andrew Francis, ISBN 978-1-846-61024-0

External links

* [http://www.rics.org/Practiceareas/Property/Rightstolight Rights to light] page on the Royal Institute of Chartered Surveyors
* [http://www.rightstolight.com The Expert Witness and the Right to Light] , Chartered Institution of Building Services Engineers (CIBSE)
* [http://www.partywallforum.co.uk Party Wall and Rights to Light Forum]