The online resource for UK Property Law

Right to light

These pages deal with three issues:

  • Agreements excluding the right to light; and
  • Whether or not the court should grant an injunction in right to light cases or instead awarded damages in lieu
  • Quantum of damages where granted

Please see contents column on the left.

Excluding the right

Prescription Act 1832 Section 3 of the 1832 Act provides as follows: "When the access and use of light to and for any dwelling house, workshop, or other building shall have been actually enjoyed therewith for the full period of 20 years without interruption, the right...

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This page considers four cases where the court considered whether to grant an injunction or instead damages in lieu where there had been a breach of the right to light. The most important case is the CA decision in Regan. The most dramatic is the last, HKRUK II...

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How much? Tamares (Vincent Square) Ltd v Fairpoint Properties (Vincent Square) Ltd [2007] EWHC 212 (Ch) (Gabriel Moss QC sitting as a Deputy High Court Judge) In this second stage of the case the High Court judge had to decide how much to award in lieu of an...

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