Rights of Light Act 1959

1Temporary extension of period of prescription for acquisition of rights of light

(1)For the purposes of any such proceedings as are mentioned in the next following subsection—

(a)section three of the Prescription Act, 1832 (whereby the uninterrupted enjoyment of the access of light for twenty years may confer an absolute right thereto), and

(b)section six of that Act (which provides that, in cases for which a period of prescription is defined by that Act, proof of enjoyment for a lesser period shall not raise any presumption in support of a claim),

shall have effect as if, in the said section three, for the words " twenty years " there were substituted the words " twenty-seven years ".

(2)The said proceedings are—

(a)proceedings in any action begun after the passing of this Act and before the first day of January, nineteen hundred and sixty-three;

(b)proceedings in any action begun on or after the fourteenth day of July, nineteen hundred and fifty-eight, but before the passing of this Act, except any such action which has been finally disposed of before the passing of this Act.

(3)The said sections three and six shall also have effect as mentioned in subsection (1) of this section for the purposes of any proceedings in any action begun on or after the first day of January, nineteen hundred and sixty-three, in so far as it falls to be determined in those proceedings whether—

(a)a person is entitled to an absolute and indefeasible right to the access and use of light to and for a dwelling-house, workshop or other building, and

(b)anything done or begun before the said first day of January (whether in pursuance of the following provisions of this Act or otherwise) constitutes, or if continued or completed would constitute, an infringement of that right.

(4)For the purposes of this section an action shall be taken to be finally disposed of on the earliest date by which the proceedings in the action have been determined and any time for appealing or further appealing has expired, except that, if the action is withdrawn or any appeal is abandoned, the action shall be taken to be finally disposed of on the date of the withdrawal or abandonment.

(5)In this section any reference to proceedings in an action includes a reference to any proceedings on or in consequence of an appeal from the decision in that action.