The Lands Tribunal


The Court Service - The Lands Tribunal

Jurisdictions

Rights of Light Applications


1. How applications arise

Where a building is erected the owner may acquire a prescriptive right to light across adjacent land if it is enjoyed for 20 years without interruption of a year or more. Under the Rights of Light Act 1959, for the purpose of preventing the light being taken to be enjoyed without interruption, the owner of the adjacent land may apply to the local authority in whose area the dominant building is situated for the registration of a notice stating that it is intended to be equivalent to the obstruction of the light. The application to the local authority must be accompanied by a certificate from the Lands Tribunal certifying that adequate notice has been given to all persons who appear likely to be affected by the registration or certifying that the case is one of exceptional urgency and that accordingly a certificate should be registered immediately as a temporary notice.

2. Applications

An application must be made on the prescribed form and be accompanied by two copies of the application to be made to the local authority. The registrar then determines what notices are to be given to persons who appear to have an interest in the dominant building. A temporary certificate will be issued if the Tribunal is satisfied that the case is one of exceptional urgency. The Tribunal's definitive certificate is issued once it is satisfied that the notices which the registrar determined should be given have been duly given.


Rights of light - Legal issues

The effect of loss of light - The Telephone House Development, Tunbridge Wells