Section 299 — Property Law Act 2007: Grant of easement of light or air

299 Grant of easement of light or air (1) A right to the access of light or air to any land or building from or over the burdened land is enforceable only if— (a) granted by an easement and in a way that complies with the 3 conditions in subsections (2) to (4); or (b) the right is granted by an easement of the kind, or is a right of the kind, specified in subsection (5). (2) The first condition is that the easement is granted on or after 24 November 1927 (which is the date on which the Property Law Amendment Act 1927 came into force). (3) The second condition is that the easement is granted by deed, or by an instrument registrable under the Land Transfer Act 1915 or the Land Transfer Act 1952 . (4) The third condition is that the deed or instrument referred to in subsection (3)— (a) accurately defines the area on and over the burdened land in respect of which the right to access of light or air is intended to be provided; and (b) if it is an instrument registrable under the Land Transfer Act 1915 or the Land Transfer Act 1952 , is duly registered under the relevant Act within 12 months after the date on which it is executed by the grantor. (5) This section does not limit or affect easements or rights of access to or use of light or air existing or acquired, by prescription or otherwise, before 27 July 1894 (which is the date on which the Light and Air Act 1894 came into force). (6) In this section and section 300 , a reference to light or air includes a reference to both. Compare: 1952 No 51 ss 123–125