IndiaMy neighbour built a wall blocking my light. Can I object?
Yes, you may object if the wall obstructs your 'ancient lights' — light enjoyed continuously for 20 years — under the Indian Easements Act, 1882. No automatic right exists for new constructions.
What the Law Says
Indian law does not guarantee a general right to light, but recognises a limited easement right under specific conditions.
Under the Indian Easements Act, 1882, a person can acquire an easement of light and air by prescription — that is, by uninterrupted enjoyment for a法定 period. This is not a natural right but a legally enforceable privilege once established.
The key provision is Section 25, which sets out the conditions for acquiring an easement by prescription. It requires continuous, peaceful, and open enjoyment of the light for 20 years without interruption or objection.
Importantly, the Act does not create a statutory right to light for newly built structures or newly opened windows — only acquired rights through long usage are protected.
Statutory TextWhere any one has, by himself or his predecessors-in-title, enjoyed as an easement the light or air from or through any opening in a building for a period of twenty years continuously and without interruption, he shall acquire an easement thereto.
— Indian Easements Act, 1882, s. 25 — Acquisition of easement by prescription
What Courts Have Said
Indian courts have consistently held that a right to light must be proven as an easement — mere inconvenience or loss of view is insufficient.
The Court held that no right to light arises unless the plaintiff proves 20 years of uninterrupted enjoyment; absence of such proof defeats the claim.
The Court clarified that Section 25 applies only where light enters through defined openings (e.g., windows), and enjoyment must be both visible and unchallenged for the full 20-year period.
What to Do
Check whether your windows have received unobstructed light through the same openings for at least 20 continuous years.
Gather evidence: old photographs, property tax records, affidavits from long-term residents, or municipal approvals showing window positions.
Send a legal notice to your neighbour asserting your easement claim under Section 25 of the Indian Easements Act, 1882.
If unresolved, file a civil suit for injunction and declaration of easement right in the competent district court.
Note: If your building is less than 20 years old or light was recently obstructed, you likely have no enforceable legal right — consider negotiation or local municipal bylaws on setbacks.
Sources
Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.