Bond Pearce

HKRUK Limited v Heaney

A recent High Court judgement has seen a Leeds developer ordered to pull down part of a development at a total cost of up to £2.5 million. It was known before the development started that these extra storeys might well interfere with the 'rights to light' enjoyed by the neighbour at his commercial premises, however the building work still went ahead. When the matter came before the Judge, the developer had already admitted that the extra two storeys were interfering with Mr Heaney's light, which he had an absolute right to. The Court decided it would not be harsh on the developer for an injunction to be granted against him, forcing the extra storeys to be pulled down.

 

This should be seen as a strong warning to developers, who build knowing that they are infringing neighbours' rights, that they are likely to get little sympathy from the Court if the neighbour seeks an injunction for the works to be pulled down.
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