Let there be light!

As demand for city centre living has become more popular, so has the demand for property related litigation.

Until recently, if your house or investment was likely to be blighted by a big redevelopment, there wasn’t a great deal you could do, apart from perhaps hoping for a modest damages payment.

However, the recent case of Regan v Paul Properties Limited has changed this. Nobody has a right to a pretty view, but rights of light are different.This case sends out a clear warning to developers that they may face an injunction if their proposals interfere with other people’s right to light.

The case concerned a development project in Brighton that was being built directly opposite Mr Regan’s maisonette. Mr Regan lodged objections as he was concerned about the effect that the new high building would have on the light to his property.The developers took a gamble and ignored his objections as they thought they would only have to pay him modest damages.They were wrong.The court decided that the loss of light to Mr Regan’s living room was too great and so granted an injunction to prevent his right to light being infringed by the new development.

This outcome highlights the fact that in order to preserve the value of your property investments, it is vital to get expert legal and surveying advice as soon as possible, once you learn that there are proposals to build around your property.

If you require any further information, please contact:

Daniel Levy
Tel +44 (0)20 7440 7483
daniel.levy@mishcon.com