Right to Light - Case Study

Rights to Light Case Study

Introduction

A right to light is established when the owner of a building with windows that have received natural daylight for 20 years or more is entitled to forbid any construction or other obstruction that would deprive him or her of that illumination.

Developers cannot force affected parties to accept compensation in lieu of an injunction, even if it results in demolition of the completed building works. The case of Shelfer V City of London Electric Lighting Company (1895) established the principle that it is for the Developer to prove that an injunction should not be granted.

 

Our Experience

Mulberry Insurance was recently instructed on a comprehensive insurance programme for a landmark development including the placement of Right to light insurances that were required due to the complex nature of the development and its location. The objective for Mulberry was to provide the client with an effective solution to protect the interests of the owners and the complexities of the development.

 

Expertise

In addition to advising the client on the construction insurance programme required, Mulberry also arranged the placement of a specialist Legal Indemnity policy for the prominent building. The Rights of Light policy was arranged on a fully bespoke policy wording negotiated with a consortium of insurers in order to obtain the necessary capacity and widest level of cover possible for the extensive project. Our policy incorporated various cover extensions in addition to the primary rights of light indemnity for consequential losses in the event of a claim.

 

How can we help?

These services confirm our position as a specialist real estate insurance provider with extensive experience in the area of Right to light. We can advise property owners and developers with the placement of complex insurance packages tailored to each individual project and its needs.

 

Get in touch

For more information about the services which Mulberry can provide in this area please call us on 01327 879111 or email mail@mulberry.uk.net