Let there be light! recent rights of light cases and the implications for developers
Language: English Series: Lovells Real Estate Quarterly ; June 2007, 1-4(4)Publication details: 2007Subject(s):- 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 --
- PROPERTY-PROPERTY MANAGEMENT-EASEMENTS-RIGHTS TO LIGHT DETERMINATION
| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Journal article | London Journal article | L138722 (Browse shelf(Opens below)) | 1 | Available | 138722-1001 |
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.