Right to Light
From Wikipedia, the free encyclopedia
In English Law a right to light is a form of easement. It will usually come into existence under the Prescription Act 1832, by prescription, after 20 years' uninterrupted use of daylight. Rights to light are therefore sometimes described as ancient lights. 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. Contrary to common misunderstanding, a right to light cannot be registered under the Rights of Light Act 1959. This Act simply provides a statutory mechanism to prevent acquisition by prescription.[1]
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 per cent. Today, Waldram's methods are increasingly subject to criticism [2] [3] and the future of expert evidence in rights to light cases is currently the subject of much debate within the surveying profession. [4]
