Rights to light in the USA
In the UK, the right to light refers to the right to receive sufficient light through an opening (such as a window), allowing ‘ordinary’ comfortable use and enjoyment of a dwelling, or ‘ordinary’ beneficial use and occupation of other buildings. The right to light in the UK goes back to general property law relating to easements that originating during the rule of William IV. The Ancient Lights were superseded by the Prescription Act in 1832.
In the US however, most such rights were abolished following the introduction of electric lighting. This means there is no law at the federal level that protects the individual’s right to light unless there is an express easement or restrictive covenant. A right to unobstructed light may be created by private parties agreeing an easement, or through the adoption of other conditions, covenants or restrictions.
Several court cases have dealt with attempts to block developments on the grounds of infringing a general right to light, with the precedent being set by the case of ‘Fontainebleau Hotel Corporation v. Forty-Five Twenty-Five Inc.’ [1959]. The judge held that there is ‘no legal right to air and sunlight’, even if the development in question causes injury or damage to its neighbour.
This has meant that conflicts are often resolved through state-level legislation. In 1984, Proposition K was passed in San Francisco, blocking the construction of any building that would surpass 40 ft and cast a shadow on a public park. The state of Massachusetts has similar laws relating to shadows cast on public places and open spaces.
[edit] Find out more
[edit] Related articles on Designing Buildings Wiki
Featured articles and news
Open industry engagement survey seeks responses
Institutions and the importance of engagement.
National Retrofit Hub unveils new guide
Digital Building Logbooks and Retrofit: An Introduction.
Top 50 firms awarded 52bn of projects in the last year
New engineering data shows.
Enhancing construction site reporting efficiency
Through digitisation and the digital revolution.
Noise in the built environment
BSRIA guide TG 20/2021.
17,000 people suffer conditions as a result of exposure to excessive noise at work.
Turning down the noise: Auditory health
A pervasive risk with far-reaching consequences.
Getting the most out of heat pumps and heating
How heat pumps work and how they work best.
Plumbing and heating for successful retrofit and renovation
Low temperature underfloor systems and heat pumps.
Cost-of-living crisis and home improvement plans
Starting on the right footing and top tips for projects.
Delays on construction projects
Types, mitigation and the acceleration of works.
From Chaucer to Fawlty Towers.
Electrotechnical excellence, now open for entries.
Net zero electricity grids BSRIA guide NZG 5/2024
Outlining the changes needed to transition to net zero.
CIOB Global Student Challenge 2024
Universitas Indonesia wins for second year running.
ECA 2024 Apprentice of the Year Award
Entries open for submission until May 31.