United Kingdom: Court orders removal of building works infringing rights to light

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A recent High Court decision in England and Wales has demonstrated the Courts' willingness to order the removal of completed building works built in contravention of neighbouring property rights. In many such cases previously the Courts have chosen to make an award of damages to the neighbouring owner in lieu of an injunction, because of the onerous nature of an injunction in these circumstances. However, in this case the Court wanted to avoid the suggestion that this bias towards damages could be used by developers effectively as a method of forcibly buying out inconvenient neighbouring rights.

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Published In: Business Organization Updates, Business Torts Updates, Civil Remedies Updates, Commercial Real Estate Updates, Residential Real Estate Updates

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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