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Whatever support may be gleaned by landowners from case Law on rights to light injunctions, the fundamental principles remain, write Alison Oldfield and Emma Wells
The principle that a building can enjoy rights of light through specific windows is well established in law. Rights can be created either by express agreement or by prescription after more than 20 years' use. Once a right is established, any obstruction which causes a reduction in light below legally acceptable levels will be actionable. In principle, one of the remedies available is an injunction to prevent the obstruction (as well as damages). However, it is a matter for the court's discretion whether to grant an injunction. Courts have usually been willing to exercise that discretion provided the claimant can establish an actual or potential infringement which goes beyond the trivial (Shd/er v City of London Electric Lighting Company £1895} 1 CH 287).
Recent cases - one way traffic?
A series of cases in recent years have considered the circumstances in which a neighbouring landowner can obtain an injunction to protect his rights to light in the face of an actual or potential obstruction. Until recently, the reported decisions seemed to have been moving very much in one direction - in support of neighbouring land owners.
First there was the case of Regan v Paid Properties Ltd Ç2O063 EWCA Civ 1391 concerning the impact that a mixed-use development would have over light enjoyed by Mr Regan's sitting room opposite. Mr Regan sought a mandatory injunction to get the oifendmg obstruction removed. Although at first instance the court decided Mr Regan could be adequately compensated by a damages payment, the Court of Appeal disagreed. It determined that the infringement to Mr Regan's right to light, albeit estimated as a loss of only £5,5OO, was not a "small injury". Compare this with the developer's cost of remedial works to comply with the injunction, which were said to be ,£175,000.
Then came HKRUK U (CHC) Ltd v Marcus Alexander Heaney C2010^ EWHC 2245 (Ch) concerning the redevelopment of commercial premises next to old Yorkshire Penny Bank in Leeds. The scheme included the construction of two additional floors on the top of the existing building. Mr Heaney, the owner of the old...