Section 300 — Property Law Act 2007: Effect of easement of light or air

300 Effect of easement of light or air (1) An easement that is enforceable under section 299(1) (the easement ) confers on the person entitled, in respect of the area on and over the burdened land defined in the deed or other instrument (the defined area ), the rights to the access of light or air described in the grant. (2) Unless otherwise provided, the easement continues for the benefit of the person entitled, even though any buildings erected on the benefited land may be altered, or may be destroyed and replaced by other buildings. (3) A right conferred by the easement in respect of the defined area is not infringed by the erection on the burdened land of buildings of any height if no part of any building erected on that land encroaches on that area. Compare: 1952 No 51 s 125