Over the last two years or so, the so called "right of light" has come before the Gibraltar courts on a number of occasions as well as being the subject of several amicable arrangements between property developers and their neighbours.

What is the right of light? Simply put, it is the right to have sufficient light through windows for the ordinary and comfortable use of one's rooms (residential or business). There is no right to a view or to sunlight under English law. Moreover, the test as to whether there has been an infringement of the right of light is not based on the question how much light has been obscured by an offending new building but rather how much is left after construction. Thus if a room continues to enjoy adequate lighting of from 50% (in the cases of offices) to 55% (for dwellings) a claimant will not be able to found a successful claim.

Calculations as to the extent of loss of light expected after the construction of a building or other obstruction in front of a widow are routinely made by surveyors specialising in the field using computer models. This allows for claims to be proved even before a structure goes up, thus enabling actions for injunctions to stop works to be obtained.
                                                             
The fact that there may be a serious reduction in the light coming into one's windows is not however enough to permit for a successful claim. The Claimant must first prove that he has a legal right of light. This can be established by showing that the owner of the land proposed to be developed or a predecessor in title has granted the right - in the case of Gibraltar many Crown lease contain just such express grants.

Otherwise the legal right can arise from either 20 years unrestricted "use" of the light coming over a neighbour's land or under the doctrine of lost modern grant which implies the existence of the right.

The earliest recorded case of an action of this type in Gibraltar came before the Supreme Court in 1934 when William Thompson obtained an injunction restraining Solomon Balensi from building on the property that now houses "The Clipper Bar" in Irish Town "in such a manner as to be a nuisance and obstruct or diminish the access to light to the windows of the Plaintiff's house". That case was heard by Chief Justice Sir Kenneth Beatty. Mr. Sergius Triay represented Mr. Thompson and Mr. Samuel Benady acted for Mr. Balensi.

Most recent rights of light litigation in Gibraltar is now handled by the law firm of Charles Gomez & Co assisted by UK specialist surveyors. "Since the Rosia Cottages case, we not only advise claimants but are also regularly asked to advise developers who want to make sure that they are clear as to the rights of light of neighbours before embarking on their projects" says barrister Charles Gomez who adds "a little consideration for the rights of neighbours can avoid huge problems." In his view the fact that Gibraltar is a small place does not absolve developers from respecting quality of life issues, but on the contrary, the urban environment deserves even more care and sensitive planning.