Light Obstruction Notices

Light Obstruction Notices, commonly referred to as a "LON," serves as a crucial statutory tool to prevent a building, or specific parts of a building, from acquiring a prescriptive right to light as outlined in Section 3 of the Prescription Act 1832.

In practical terms, when a developer intends to redevelop a property that could potentially infringe upon a neighbour's legal 'right to light,' it is imperative to determine whether the neighbouring property has the ability to enforce such rights in the first place.

The acquisition of a right to light typically occurs through prescription. This which involves continuous, uninterrupted, and unconsented enjoyment of light over a span of 20 years.

However, if a building has been enjoying access to light for less than two decades, it may be feasible to prevent the establishment of this easement through a Light Obstruction Notice. Provided the LON is correctly served, follows legal procedures, and adheres to time constraints.

Advice on Light Obstruction Notices

At Anstey Horne, we specialize in providing comprehensive Light Obstruction Notice advice, which includes :

Evaluating the 20-year Period :

We help determine whether a building has indeed been receiving light for the requisite prescriptive 20-year duration.

Mitigation Assessment :

We offer initial guidance on whether utilizing a Light Obstruction Notice (LON) is a viable and effective mitigation option for your development project.

Processing Light Obstruction Notices :

We handle the entire process of serving Light Obstruction Notices and diligently monitor them throughout the period required for them to take effect, which can extend beyond one year.

In addition, we maintain close collaborations with law firms that specialize in this niche area of property development.

Should you require legal advice or representation, we can recommend experienced legal advisors who can assist you in navigating these complex matters seamlessly.