Developers or those carrying out alterations to their properties are sometimes under the impression that if their works are interfering with adjoining owner’s rights (for example, rights to light) then the “commercial” approach is to build and then negotiate any award of damages with the adjoining owner.
However, in certain circumstances, the Courts have taken a much harder line with those undertaking the alterations or development and have granted injunctions which oblige the developer to remove the offending structure, notwithstanding the significant costs involved. If you are undertaking works to your property or any development, then the safest approach is to ensure that you have addressed any rights to light issues before construction begins as the Courts have shown that in certain circumstances they will order the offending works to be removed.
For further information please contact Mark Hurst on 0207 355 6024 or e-mail mhurst@hamlins.co.uk