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March 2016

The Law of Rights of Light

This book The Law of Rights of Light aims to state the current law of rights of light. It is a subject of increasing importance in this country as rights of light problems are seen as more and more of an impediment to development particularly in highly developed urban areas. In order to give an explanation of these matters it was necessary to go into a number of wider subjects, notably the general law of prescription, the availability of an injunction as a discretionary remedy, and the modern approach to the assessment of damages (the “voluntary release” approach). In addition rights of light disputes have their technical aspects such as the measurement of adequate light, the criterion for knowing when light is adequate, and the question of when a room can be seen to be adequately lit. An attempt has been made to explain in non-technical language the technical bases of assessing these questions as is done by rights of light surveyors.

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