Real Estate Update - Developers Beware! A Recent Case on Rights to Light

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Developers Beware! A Recent Case on Rights to Light

The possibility of an infringement of rights to light are an important factor to be considered by all developers. The right to light of a building arises after twenty years uninterrupted enjoyment of light without the consent of a third party. If a right to light is infringed, an injunction can be granted or damages awarded.

The recent judgement of the High Court in HKRUK II (CHC) Ltd v Heaney [2010] EWHC 2245 stands as a clear warning to all developers. An injunction was granted against a developer who infringed a neighbour's right to light despite the fact the development was completed and the owner of the building claiming the infringement (the dominant property) failed to take action for 18 months. Read more at www.pitmans.com/real-estate/

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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.

© Susan Maloney | Attorney Advertising

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