The right to light is not an automatic right in Ireland

 

 

The right to light is not an automatic right in Ireland

 

A right to light can be defined as a private, legally enforceable easement or right to a minimum level of natural daylight illuminated through a “defined aperture” (usually a window) whether conferred express or by implied grant or obtained at common law by a process of long uninterrupted enjoyment known as prescription.

 

The introduction of the Land and Conveyancing Reform Act 2009 has abolished all easements to light or rights to light unless they are registered before 2021 or the right is given by way of an express grant.

 

The nature of most of the rights to light in Ireland is that they must be expressly granted as the law has held that no person or building has an automatic right to light.

 

In the event that a built structure significantly affects the quality of the light received, the affected party will have no right to sue to prevent this, unless there is already an express grant of a right to light in a legal form in place.

 

The 2009 Act abolishes the creation of easements to light in Ireland that were not registered before 2021. After that date, it is important to note that any right to light must be expressly granted by deed or else no such right will exist.

 

For any further information in relation to matters regarding the right to light, please do not hesitate to contact Brendan Dillon on 01-2960666.