The Law Commission has published its Final Report on Rights to Light and a draft Rights to Light (Injunctions) Bill, setting out its recommendations on this challenging area of law.
Its recommendations seek to put in place procedures:
- allowing land owners to be notified if a neighbour intends to seek an injunction to protect their rights to light (and if the neighbour does not notify within the specified time, he will lose the opportunity for that remedy to be granted); and
- enabling land owners to prevent their neighbours from acquiring rights to light by prescription.
The report also recommends amending the law governing the abandonment of any unused rights to light, and the discharge or modification of obsolete or unused rights of light by the Lands Chamber of the Upper Tribunal.
The original purpose of the Law Commission consultation was to introduce greater certainty and transparency into the law, making disputes simpler and quicker to resolve, to ensure that rights to light do not act as an unreasonable constraint on development and make sure the important amenity value of rights to light remains protected under the law.
It is now for the Government to decide whether to implement these recommendations.
For further details, please see the article here.
Law Commission’s Final Report on Rights to Light (Law Com No. 356). The draft Rights to Light (Injunctions) Bill can be found at Appendix B to the Report.