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07 October 2010 / Malcolm Dowden , Emma Humphreys
Issue: 7436 / Categories: Features , Procedure & practice , Property , LexisPSL
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Proceed with care

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Emma Humphreys & Malcolm Dowden explain why the right to light should not be taken lightly

A developer who ignores potential rights of light claims does so at his peril. Even where works have been carried out and completed without apparent objection, do not assume that a neighbour who fails to take prompt action will lose its ability to obtain an injunction, or that the developer will be able to agree damages “after the event”. 

In HKRUK II (CHC) v Heaney [2010] All ER (D) 101 (Sep) the developer’s decision to proceed without first resolving its neighbour’s rights of light claim will mean estimated costs of £1m–£2m to adjust the developed building, on top of litigation costs. 

Facts

In Heaney the claimant developer sought declarations that it was free from liability to the defendant neighbouring owner. The parties agreed that redevelopment had interfered with the rights of light enjoyed by the defendant’s building, but disagreed as to the appropriate remedy. The defendant requested an injunction requiring the developer to remove parts

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