Right to Light - Right Preserved

The right to light has been a continual source of disputes over the years and the Court of Appeal has recently heard another case dealing with this contentious subject.

It concerned a company that owned a piece of land and which made an agreement with a developer that allowed the developer to compromise its right to light. In the agreement, made in 1999, the company undertook to take no action to enforce its right to light.

Years later, a redevelopment project was planned for the land, which was the result of a compulsory purchase order. It was a much more substantial development than that envisaged in 1999 and the question arose as to whether the original agreement prevented the claimant from asserting its right to light, which would be materially affected by the new development.

Key to the decision was the wording of the original agreement in 1999. In it, the right to light was acknowledged, but the claimant had undertaken not to take action to enforce the right. However, under the proposed development at that time, there would not have been a material effect on the light. The Court ruled that the earlier agreement did not mean that the claimant had abandoned its right to light.

Partner Note
G and S Brough v Salvage Wharf Ltd. and another [2009] EWCA Civ 21. See http://www.lawreports.co.uk/WLRD/2009/CACiv/jan1.0.htm.

Contact us for advice on any commercial property or landlord and tenant matter.

Telephone: +44 (0) 1753 486 777 (Slough Office)
Telephone: +44 (0) 1189 596031 (Reading Office)