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A right of light is a private, legally, enforceable easement or right to a minimum level of natural illumination trough a defined aperture, usually a window opening, whether conferred by express or implied grant or obtained at common law by a process of long, uninterrupted enjoyment known as ‘prescription’. As with all easements, there is a dominant tenement that enjoys the rights and a servient tenement that is subjected to and carries the burden of their existence.
There are several circumstances in which a rights of light assessment is required. These may include:
A general rule of thumb which has been established in case law is that if a room can receive “adequate light” to 50% for a commercial room area, then sufficient light is considered to be maintained and no infringement has occurred. Where rooms are already below these light levels in the existing situation, any further loss of light may be considered technically actionable in law.
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