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This eBulletin relates to an important case on the remedies available to a landowner whose rights to light are infringed.

Background facts

In HKRUK II (CHC) Ltd v Heaney [2010] EWHC 2245 (Ch), the defendant owned a grade II listed building in Leeds city centre.  In 2007 the claimant acquired a nearby office block for redevelopment. The claimant informed the defendant that the redevelopment might infringe the right to light of the defendant's building.  Despite the defendant's objections, the defendant did not issue proceedings and the claimant completed its redevelopment.  After completion of the redevelopment the claimant sought a declaration that the defendant, by his inaction, could no longer object to the infringement of the right to light.

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