In a recent case the tenant applied to court for an injunction preventing its neighbour from increasing the height of its building and infringing it's right to light. The neighbouring owner applied for summary judgment on the basis that the claim was not genuine and that the tenant only wanted money. The neighbouring owner relied on the provisions of a right to light deed made between the tenant, the current landlord and the former landlord, which provided that in the event of a proposed increase to the height of the neighbouring owner's building it was agreed that the tenant and the former landlord would be allowed to enter into negotiating over a settlement. The court refused to decide the matter without a full trial and concluded that the tenant was entitled to seek an injunction and have its case determined at full trial.

Whilst the terms of the deed did not assist the neighbouring owner here, if the deed had been drafted differently perhaps referring to a specified sum of money then the result may have been different. The case does highlight the importance of careful drafting of such deeds so that the ability to obtain an injunction is not lost. It also underlines the importance of developers carrying out due diligence to their site and neighbouring properties early to ensure that they are aware of all relevant deeds and documents. Such investigation will be of value in identifying problems with the potential to cause delays to the development schedule at an early stage.

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