Right to Light Does Not Pass on Conveyance

Contrary to popular belief, there is no ‘right to light’ as such under English law, but where light has been enjoyed continuously and without interruption for 20 years, an ‘easement’ (a legal right attaching to land) will arise, which effectively creates such a right.



When one company claimed recently that another company had interfered with its right to light, the case turned on whether it was entitled to make a claim since it had owned the property for fewer than 20 years.



The High Court ruled that the wording of the conveyance under which the property had been purchased meant that the easement did not pass with the title to the property. As the ‘new’ owner had not owned the property for 20 years, it did not have a right to light by way of easement.