Jurisdiction(s):
United Kingdom
United Kingdom
Key definition
Rights of light definition What does Rights of light mean? In practice, a right of light protects a building’s ability to receive natural light through identified windows, and can restrict neighbouring development that would materially reduce that light. In England and Wales and in Northern Ireland it is an easement. It is commonly acquired by prescription (typically after 20 years’ uninterrupted enjoyment) under the Prescription Act 1832 (and equivalent NI legislation), or by express or implied grant or reservation. The scope is defined by case law, which protects only “sufficient light for ordinary beneficial use”; assessment is technical (for example, daylight/sunlight or Waldram analysis). Remedies include injunctions or damages in lieu....
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Precedent: Developer’s Letter of Instruction to Rights of Light Surveyor—Scope, Evidence, Insurance, LONs, Deeds of Release, Valuation and Expert Role (England)
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Precedents
PRIVATE & CONFIDENTIAL
[ insert name and address of surveyor ]
[ insert date ]
Dear [ insert name of surveyor ]
[ insert case heading ]
INSTRUCTIONS TO ACT AS Rights of light SURVEYOR CONFIDENTIAL AND LEGALLY PRIVILEGED LETTER OF INSTRUCTIONS/TERMS OF Engagement
I represent [ name of client ] in relation to the property identified as [ property description ] (the Property), of which my client holds the leasehold/freehold [ delete as applicable ] ownership, with the title recorded at HM Land Registry under title number [ insert title number ].
I write to confirm my client’s instructions for you to prepare a report (the Report), together with any follow-up reports and/or advice requested, and, if appropriate in due course, to act as an expert in any court proceedings, all in relation to rights of light matters at the Property arising from the proposed redevelopment of the Property (the Proposed Redevelopment)...
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Web page updated on 22/05/2026
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Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...
I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...
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