The best way of preventing 20 years’ use is by registering a light obstruction notice under Rights of Light Act 1959. That introduced an alternative to the previous requirement that you had to physically block the light going to your neighbour’s windows within the 20-year period (with the obstruction having to exist for at least one full year before the expiry of the 20-year period – meaning that the interference with light must begin before the end of the 19th year, and then last for a full year).

To register a light obstruction notice, you apply to the LA for registration of a notice on the local land charges register. An application requires the prescribed form; a plan showing the location of the property and the location of the fictional obstruction of the light of the neighbouring building (you have to pretend that an obstruction has been erected); and a Lands Tribunal certificate confirming that adequate notice has been given to all persons likely to be affected by the registration. The LA will then register the light obstruction notice as a local land charge. Once the notice has been on the register for a full year, and assuming there are no successful challenges, the rights of light are defeated and the 20-year period is reset. The standard fee is £67, and the Lands Tribunal charges £250 for its certificate. In addition, there is an expedited procedure (costing £300 – but you then have to pay for the normal procedure as well).

There are two ways a property owner can challenge a light obstruction notice. First it can contact the applicant who has registered the notice, and prove that it has acquired rights of light. If the applicant agrees, then the applicant has the power to alter or cancel the obstruction notice. The alternative is to bring a claim in court to protect those rights of light, with the court then being able to make an order varying or cancelling the light obstruction notice. As far as developers are concerned, registering a light obstruction notice is an inexpensive procedure and one that can be very worthwhile. Obviously, it is essential if a neighbouring building’s windows have enjoyed light over the developer’s property for close to 19 years, and if those rights of light could restrict any proposed development. But, even in other cases (eg where a developer thinks that a neighbouring building may already have acquired rights of light), there may well be merit in registering an obstruction notice so as to flush out any right of light claims (either in the hope that the neighbouring landowner will not bother to object, or because that will then trigger negotiations that can lead to a subsequent agreement).

Solicitors acting for developers should make sure that their clients are aware of the way in which right to light can be acquired through 20 years’ prescription. Advising clients to consider these issues (and maybe to register light obstruction notices) is advisable. See [2008] 210 Property Law Journal 18. © Practical Lawyer