Let there be light! recent rights of light cases and the implications for developers
Oliver, Laura
Let there be light! recent rights of light cases and the implications for developers - 2007 - Lovells Real Estate Quarterly June 2007, 1-4(4) .
Examines recent legal rulings which have given right to light claims a significant boost against the buying power of developers. Until recently most developers preferred to pay damages costs, as this was the expected outcome of any rulings in against them. Tamares V Fairpoint Properties (L136179) showed that damages may be considered appropriate, rather than an injunction. However, Regan V Paul Properties (L135566) showed that if objections are lodged early enough, the granting of an injunction may be the more appropriate ruling. The level of damages awarded to Tamares (L136793) also serves as a warning to developers.
RIGHT TO LIGHT
PRESCRIPTION ACT 1832
SHELFER V CITY OF LONDON ELECTRIC LIGHTING CO
MIDTOWN LTD V CITY OF LONDON REAL PROPERTY CO LTD
TAMARES (VINCENT SQUARE) LTD V FAIRPOINT PROPERTIES (VINCENT SQUARE) LTD
REGAN V PAUL PROPERTIES LTD AND OTHERS
United Kingdom--
Let there be light! recent rights of light cases and the implications for developers - 2007 - Lovells Real Estate Quarterly June 2007, 1-4(4) .
Examines recent legal rulings which have given right to light claims a significant boost against the buying power of developers. Until recently most developers preferred to pay damages costs, as this was the expected outcome of any rulings in against them. Tamares V Fairpoint Properties (L136179) showed that damages may be considered appropriate, rather than an injunction. However, Regan V Paul Properties (L135566) showed that if objections are lodged early enough, the granting of an injunction may be the more appropriate ruling. The level of damages awarded to Tamares (L136793) also serves as a warning to developers.
RIGHT TO LIGHT
PRESCRIPTION ACT 1832
SHELFER V CITY OF LONDON ELECTRIC LIGHTING CO
MIDTOWN LTD V CITY OF LONDON REAL PROPERTY CO LTD
TAMARES (VINCENT SQUARE) LTD V FAIRPOINT PROPERTIES (VINCENT SQUARE) LTD
REGAN V PAUL PROPERTIES LTD AND OTHERS
United Kingdom--