Rights to light in England and Wales are governed by a combination of statute and common law. The principal statutory provisions are the Prescription Act 1832 and the Rights of Light Act 1959, which together define how rights arise and how they may be extinguished.
The Prescription Act 1832 provides that where a building has had uninterrupted access to and use of natural light for a period of 20 years, the right to that light shall be deemed absolute and indefeasible — unless it was enjoyed by the written consent or agreement of the owner of the servient land.
The Rights of Light Act 1959 introduced a mechanism for landowners to prevent the acquisition of rights to light by registering a notional obstruction (a "light obstruction notice") at the Land Registry. This procedure is commonly used by developers to interrupt the 20-year prescriptive period before a right crystallises.
Case law is extensive. The courts have developed a substantial body of case law on infringement, the standard for actionable interference, and the choice between damages and injunctions. Key authorities include Colls v Home and Colonial Stores Ltd [1904] AC 179 and HKRUK II (CHC) Ltd v Heaney [2010].