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Can a right of light be established pursuant to the Prescription Act 1832 based on 25 years' uninterrupted access and use of light, despite the windows then being boarded up internally for ten further years? If not, when is the right acquired?

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Published by a ³ÉÈËÓ°Òô Property Disputes expert
Published on: 04 July 2022
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This question raises the issue of the effect of boarding up, or otherwise obstructing windows, on a claim to a right to light.

For a right to light to arise by prescription, whether under common law, lost modern grant, or the Prescription Act 1832 (PA 1832) there must be actual enjoyment of the light through defined apertures. In Smith v Baxter, it was held that boarding up of two windows prevented them enjoying the right to light (although shelving in front of a third, which allowed substantial

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