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Right to redevelop - no right of light
The normal rule is that a right to light can be acquired by prescription after 20 years. But, Prescription Act 1832 says that the right to light will not arise if the light ‘was enjoyed by some consent or agreement expressly made or given for that purpose by deed or writing’.
Easement - parking

Can you claim an implied ‘right to park’ as an easement? The answer is that you can, but it is extremely difficult to do so.

Right to light - 1959 Act notice
Rights of light have attracted much interest over the last year, largely because of Regan [2006]. In that case the occupier of a flat succeeded in a right to light claim against a developer who had built a penthouse on a neighbouring building; even though the loss in value to the flat owner was only £5,500, the developer was ordered to knock down part of the penthouse (at a cost of £175,000!).
Public right of way – intention

The Highways Act 1980 says:

‘Where a way over any land... has been actually enjoyed by the public as of right and without interruption for a full period of 20 years, the way is deemed to have been dedicated as a highway unless there is sufficient evidence that there was no intention during that period to dedicate it.’
Right to build – no right to light
L had two adjoining plots. The first plot was let on a 99-year lease, and the second was sold as a freehold. The owner of that freehold site then sought to redevelop, but the T of the other plot objected, arguing that he had been in occupation for over 20 years and thus had a right of light that would be breached by the development.
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