Shedding light to the rights to light in England and Wales: the need for reform

The right to light is unarguably a right that could hinder the development of the servient land. Owing to the possibility of granting a mandatory injunction when breached, this right could lead to extra costs and delays in the efficient development of the servient land by real property developers, even when the dominant tenement does not wish to enjoy the right. Hence, this paper critically reflects on rights to light in England and Wales to determine the impact of this right on the servient land. It explores the direction of travel across the Courts – by briefly examining rights to light claims – pre-Coventry and post-Coventry. After this, it examines the complex practical aspects of rights to light. The paper concludes by calling for the implementation of the Law Commission’s Report 2014 as the potential equitable way(s) of addressing the concerns in this esoteric aspect of Property Law.