A Light Obstruction Notice, 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.
Light Obstruction Notice Advice
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.
Light Obstruction Notice Processing :
We handle the entire process of serving a Light Obstruction Notice 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.
Rights of Light Services
Initial Site Appraisal (Legal & Technical)
Transferred Rights to Light
Rights to Light negotiation & settlement
Compensation Calculations & Budgets
Rights to Light insurance
Scheme cutbacks or enhancements
Laser Survey based full technical analysis
Maximum building envelopes
Pre-Acquisition strategic advice
For advice on rights of light direct from one of our surveyors, please call our Rights of Light Enquiry Line on 020 4534 3138.
If you’d like us to call you, please fill in our Contact Us form and we will call you back.
Service: Rights of Light
M58 Business Park
Welwyn Garden City
Service: Daylight & Sunlight
Service: Rights of Light