The construction of buildings which interfere with third-party rights and the risk of injunctions and claims for damages
Francis, Andrew
The construction of buildings which interfere with third-party rights and the risk of injunctions and claims for damages - 2005 - Journal of Building Appraisal 1(3) September 2005, 274-281(8) .
Examines the risk to development projects from the infringement of third party rights, particularly rights of light and restrictive covenants, in view of the decisions in "Deakins v Hookings" ([1994] 14 EG 133, Abs50462), "Mortimer v Bailey" ([2004] EWCA Civ 1514, Abs68661) and "Midtown v City of London Real Property Co Ltd" ([2005] EWHC 33 (Ch), L128821). Assesses the risk factor involved during the various stages of the development, and provides a checklist of steps to be taken to lessen or remove the risk of an injunction being obtained by the owner of neighbouring property.
MORTIMER V BAILEY
MIDTOWN LTD V CITY OF LONDON REAL PROPERTY CO LTD
DEAKINS V HOOKINGS
RIGHTS TO LIGHT
The construction of buildings which interfere with third-party rights and the risk of injunctions and claims for damages - 2005 - Journal of Building Appraisal 1(3) September 2005, 274-281(8) .
Examines the risk to development projects from the infringement of third party rights, particularly rights of light and restrictive covenants, in view of the decisions in "Deakins v Hookings" ([1994] 14 EG 133, Abs50462), "Mortimer v Bailey" ([2004] EWCA Civ 1514, Abs68661) and "Midtown v City of London Real Property Co Ltd" ([2005] EWHC 33 (Ch), L128821). Assesses the risk factor involved during the various stages of the development, and provides a checklist of steps to be taken to lessen or remove the risk of an injunction being obtained by the owner of neighbouring property.
MORTIMER V BAILEY
MIDTOWN LTD V CITY OF LONDON REAL PROPERTY CO LTD
DEAKINS V HOOKINGS
RIGHTS TO LIGHT