Light Obstruction Notices

Where a property is nearing the 20 year prescription period, it is possible to prevent the acquisition of a
legal right to light by causing an interruption to the flow of light for at least one year. The interruption may
take the form of a physical obstruction such as a hoarding or the new development itself. The Rights of
Light Act 1959 provides a way of interrupting the enjoyment of light without the need for a physical
obstruction. Under the Act a notional obstruction is created in the form of a light obstruction notice
registered as a local land charge. The notional obstruction can take a variety of forms but is in most
cases a screen of infinite height. Owing to the technicalities of the law, it is necessary to commence the
interruption (whether by physical or notional means) within 19 years and 1 day of the start of the
prescriptive period in order to prevent rights from being acquired.

A Light Obstruction Notice may also be used as a mechanism to identify rights to light which already
exist. Once the notice has been served, the neighbours have one year to assert their right to light. If the
notice remains unchallenged after one year, the right to light is deemed to have been interrupted and
the prescriptive clock is turned back to zero.

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