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Tamares (Vincent Square) Ltd v Fairpoint Properties (Vincent Square) Ltd (2006)

A blockage of windows for the entirety of the prescription period prevented a right to light through those windows being acquired on behalf of the dominant tenement.

15 September 2006

The claimant company (T) applied for an injunction to prevent interference with its right to light in respect of four windows of its premises allegedly caused by a building owned by the defendant company (F). T owned the dominant tenement, an office building, and F owned the servient tenement, an adjoining development site. As part of the redevelopment, F had knocked down a single storey flat-roofed building and put up a T-shaped three storey building with a pitched roof. T alleged that that development interfered with the light to certain windows in the office building. There was no real issue that T could rely on a right for the office building to receive light through two basement windows, but in respect of two entrance lobby windows, the position was different, as throughout the relevant 20-year prescription period, those windows had been completely blocked on the inside by means of panelling that was part of the design of the entrance lobby, so no light had been received throug...

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