Rights of light: lease and related document review checklist—express/implied grants, reservations, prescription, assignments and releases (England and Wales)

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Checklists

This Checklist

This Checklist outlines which provisions in a lease and other relevant associated documentation should be carefully examined to ascertain whether a right of light subsists. A right of light is an easement granting a landowner the entitlement to receive natural light through an opening in a building on its land. The owner of the land encumbered by that right (the 'servient Building') must not impede or disturb it without first obtaining consent. For any proposed development, it is therefore essential to identify neighbouring properties that could be enjoying a right of light (the 'dominant Building'). For further information on rights of light, see the following Practice Notes:

Establishing and maintaining rights of light
Rights of light—obstruction notices
Rights of light claims
Rights of light—insurance for developers

Section 2 of the Prescription Act 1832 (PA 1832) requires actual enjoyment of light, meaning that those with less than a freehold interest can acquire a right of light in their own name and for their own benefit—for further detail, see Practice Note: Establishing and maintaining rights of light...

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Charlotte Coleman

Winckworth Sherwood

Charlotte trained at Rosling King LLP and qualified in October 2008. She then worked at Osborne Clarke for four years, before joining the Property Litigation team at Winckworth Sherwood in October 2012. She regularly advises on contentious commercial landlord and tenant issues, including all aspects of estate and asset management, and has significant experience advising on vacant possession strategies, rights of light issues, party wall issues, restrictive covenants, easements, access rights and trespass....

Web page updated on 20/05/2026

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