Right to Light
Introduction
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 into account at the outset. A failure to take appropriate steps in the planning and design stages can prove very costly to the developer in the long run.
Sian Gibbon a partner in 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".
Robert Horsey another partner in the litigation team added "In recent years rights to light have been seen as relatively unimportant. However these cases show that developers must take these issues into account, and if in doubt take professional advice, to minimise the risks. For our part, our experience in this area and the wider awareness of the strength of our team has lead to an increasing number of instructions in such disputes from both developers and those seeking advice on neighbouring development. Our Chambers ranking underlines the team's reputation and highlights our expertise in such property related disputes".
Ashfords' Property Litigation team has been ranked by Chambers, an independent legal directory, as being one of the leading teams in that field in the South West.
The team, which is also one of the largest in the region, acts for clients across the country from its head office in Exeter.
| 3rd December 2007 |
