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Right to Light
A significant case conducted this year in the High Court in London (Tamares
Vincent Square Limited v Fairpoint Properties (Vincent Square) Limited
[2007] EWHC 212), saw Ashfords Property Litigation team recovering substantial
compensation for the owners of a building resulting from an infringement
to its right to light. This decision was one of three leading cases in
this area decided in the country this year.
With development space commanding premium prices, and buildings being
constructed in ever closer proximity, this case is an important reminder
to developers: It is important to take the impact on the light enjoyed
by the windows and other openings of neighbouring buildings
Sian Gibbon a partner at Ashfords, who lead the team in the litigation case, said “Whilst the infringement in this case was relatively minor, the compensation awarded was not insignificant. Anyone constructing a building does need to be aware that if any right to light issues of neighbouring properties are not resolved before works are commenced there is the likelihood that substantial compensation will be awarded. In many cases an injunction stopping the works can even be ordered”.