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 The Ancient Lights were superseded by the Prescription Act in 1832.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
We're expanding our collaborative mission by launching DB Intelligence, an exclusive market research advisory panel. Built environment professionals can now get paid to share their expertise on industry trends, products and services.
Panel members receive direct financial incentives for participating in research projects like short surveys, 1-2-1 interviews and focus groups. Register today to shape the future of the construction sector.
Planning condition discharge in England and Wales
A brief exoplanation from a building compliance expert, with further links.
Overheating guidance and tools for building designers
Guidance for dealing with element of building fabric control that have increasing importance.
Shading for housing, a design guide
From the Good Homes Alliance and British Blind and Shutter Association.
UK Standard Skills Classification (SSC)
A shared framework for describing skills needs.
Social media ban consultation comes to close
CIOB urges UK Government to consider social media’s role in careers guidance in ban debate.
The latest of eight Skills England apprenticeship units
The addition of battery manufacturing welcomed by ECA with a warning about the risks of fast-tracked apprenticeship units.
Building Control Independent Panel final report
A precis of a key report led by Dame Hackitt with full recommendations and link to the government response.
Building Safety recap April, 2026
A short and longer run-through of the month, with links to further information and sources.
CIAT May 2026 briefing.
From medieval scribes to modern word art.
ECA welcomes crackdown on late payment and push for clean energy, whilst CIOB seek fixed cladding removal timeframes.
Cyber Security in the Built Environment
Protecting projects, data, and digital assets: A CIOB Academy TIS.
Managing competence in the built environment
ITFG publishes new industry guide on how to meet the ICC principles.
The UK's campaign to reduce noise pollution: Mythbusting, articles and topic guides.