Rights of Light Act (Northern Ireland) 1961

2 Effect of registration of notice. N.I.

(1) Where, in pursuance of an application made in accordance with section one, a notice is registered thereunder, then, for the purpose of determining whether any person is entitled (by virtue of the Prescription Act, 1832 [1832 c.71] , or otherwise) to a right to the access of light to the dominant building across the servient land, the access of light to that building shall be treated as obstructed to the same extent, and with the like consequences, as if an opaque structure, of unlimited height—

(a) had, on the date of registration of the notice, been erected in the position on the servient land specified in the application and had been so erected by the person who made the application; and

(b) had remained in that position during the period for which the notice has effect and had been removed at the end of that period.

(2) For the purposes of this section a notice registered under section one shall be taken to have effect until—

(a) the registration is cancelled; or

(b) the expiration of the period of one year beginning with the date of registration of the notice;

whichever happens first.

(3) Subject to the following provisions of this section, any person who, if such a structure as is mentioned in sub-section (1) had been erected as therein mentioned would have had a right of action in any court in respect of that structure, on the grounds that he was entitled to a right to the access of light to the dominant building across the servient land and that the said right was infringed by that structure, shall have the like right of action in that court in respect of the registration of a notice under section one, but an action shall not be begun by virtue of this sub-section after the notice in question has ceased to have effect.

(4) Where, at any time during the period for which a notice registered under section one has effect, the circumstances are such that, if the access of light to the dominant building had been enjoyed continuously from a date one year earlier than the date on which enjoyment thereof in fact began, a person would have had a right of action in any court by virtue of sub-section (3) in respect of the registration of the notice, that person shall have the like right of action in that court by virtue of this sub-section in respect of the registration of the notice.

(5) The remedies available to the plaintiff in an action brought by virtue of sub-section (3) or sub-section (4) (apart from any order as to costs) shall be such declaration as the court may consider appropriate in the circumstances and an order directing the registration of the notice to be cancelled or varied, as the court may determine.

(6) For the purposes of section four of the Prescription Act, 1832 [1832 c.71] (under which nothing constitutes an interruption of the enjoyment of any right to which that Act applies unless submitted to or acquiesced in for one year after notice thereof)—

(a) as from the date of registration of a notice under section one, all persons interested in the dominant building or any part thereof shall be deemed to have notice of the registration thereof and of the person on whose application it was registered;

(b) until such time as an action is brought by virtue of sub-section (3) or sub-section (4) in respect of the registration of a notice under section one, all persons interested in the dominant building shall be deemed to acquiesce in the obstruction which in accordance with sub-section (1), is to be treated as resulting from the registration of the notice;

(c) as from the date on which such an action is brought, no person shall be treated as submitting to or acquiescing in that obstruction;

so, however, that if, in any such action, the court decides against the claim of the plaintiff, the court may direct that the preceding provisions of this section shall apply in relation to the notice as if that action had not been brought.