Right to Light and Blocked Views From a Neighbour in Ontario

A new house goes up next door, or a neighbour's hedge grows until your garden is in shade and your view is gone. It feels as though you should have some right to the light and outlook you have always enjoyed.

Ontario law is less generous than many people expect. This article explains what the law says about light, how views differ, and what options exist even without a general right.

No right to light through long use

In some legal systems, a landowner can gain a right to light after enjoying it for many years. Ontario does not work that way. No person can acquire a right by prescription to the access and use of light or air.

There is a narrow historical exception: the bar does not apply to rights acquired through twenty years' use before March 5, 1880. It is unlikely to matter for a modern dispute.

This differs from rights of way and similar easements. A claim to an easement based on use cannot be defeated once it has been enjoyed for the full period of twenty years, and it becomes absolute after forty years unless it was enjoyed under express consent given by deed or in writing. Light and air are specifically excluded from this kind of long-use claim.

What about a blocked view?

A view is not the same as light, and the rules above speak only about light and air. In general, owning a property does not by itself guarantee that the scenery beyond it will stay the same. Whether you have any protection for a view often depends on the facts, such as an agreement registered on title or a condition attached to a development approval.

If you think a document like that exists, check your property records and any agreements you received when you bought, and ask a lawyer to review them.

When nuisance may apply

Private nuisance is an act that indirectly causes physical injury to land, or substantially interferes with its use or enjoyment, where the injury or interference is unreasonable in light of all the surrounding circumstances. It looks at the effect on your property rights and does not ask whether the neighbour was careless.

The words "substantially" and "unreasonable" matter. Loss of a pleasant view or some afternoon sun is not automatically enough. Courts look at all the circumstances, so the outcome depends on the facts and is worth discussing with a lawyer.

Other places to look for help

• Municipal approvals: a new building usually needs local approvals, and the municipality can tell you what was approved and whether there is a way to raise concerns.
• Municipal by-laws: a municipality may regulate public nuisances, and if council forms its opinion in good faith a court cannot review it. Whether a hedge or structure is covered depends on the local by-laws.
• Tree rules: a municipality may regulate or prohibit the destruction or injuring of trees by by-law, and may require a permit. Check before you trim or remove anything yourself.
• Court: a judge of the Superior Court of Justice may grant an interlocutory injunction or mandatory order where it appears just or convenient, and may award damages in addition to or instead of an injunction.

The Small Claims Court hears money claims up to $50,000, not counting interest and costs. Claims that ask a court to order a neighbour to act are different and may need a lawyer.

What to do next

• Take dated photos showing how much light you had before and after.
• Ask the municipality what was approved for the neighbouring building or what rules cover hedges.
• Check your title documents and purchase papers for any agreement about views or building limits.
• Try a calm, written conversation with your neighbour first.
• Speak with a lawyer if the interference is serious, because time limits apply.

The basic limitation period is two years from the day the claim was discovered. No proceeding may be started after the 15th anniversary of the act or omission, whatever the date of discovery.

Frequently asked questions