Building owner secures injunction for infringement of rights of light

 Beaumont Business Centres Ltd v Florala Properties Ltd [2020] EWHC 550 (Ch)

The High Court has declared that a property owner was entitled to an injunction against a development to effectively protect “rights of light”, notwithstanding that the development was completed in 2018.

 “Rights of light” are based on easements that can be acquired in a number of ways. In coming to its decision, the court considered many of the complicated issues that can come about, where a neighbour looks to redevelop a property and in doing so causes a loss of light for another property owner.

This decision makes it clear that there will only be limited minor remedies, if any at all, for trifling reductions in the level of light for a property owner. The court has also clarified that it is irrelevant as to whether a property is already poorly lit. The issue for the court to determine is whether there has been a reduction in light causing a substantial interference with the reasonable enjoyment of the property, thereby amounting to a nuisance. 

The case also serves as a reminder to commercial and residential developers that just because a development has completed, this does not mean that a court will refrain from ordering an injunction to reinstate a suitable level of natural lighting for the claimant.”

The contents of this article do not constitute legal advice and are provided for general information purposes only.