Handrail House, 65 Maygrove Road, was a two and three storey 1930s office building which our Client wanted to retain and refurbish the existing building and build two additional storeys on top to accommodate residential units. calfordseaden’s Rights of Light team was appointed to analyse how the extension of the property would affect the neighbouring four storey property, 67 Maygrove Road.
We carried out a site visit and there were a number of windows facing onto the extension site which we highlighted to our Client and the architect, noting the importance of designing the additional storeys without adversely affecting the daylighting to the neighbouring property.
In the meantime the adjoining property on the other side of Handrail House which was a car garage workshop started to redevelop the site. Our Client had acquired a right to light for his own property and we instructed the adjoining redevelopment to stop works as they were going to cause actionable losses to our Clients building. The owner of the car garage workshop appointed their own rights of light surveyor and a settlement figure was offered to our Client, this offer was declined and negotiations were carried out over several months. In the case HKRUK II (CHC) Ltd v Heaney the adjoining property owner rejected the settlement offer and took the case to be heard in court, the judge ruled that the offending part of its completed existing was to be removed. Our Client used the HKRUK case as a precedent and was able to negotiate and settle for a significantly higher compensation figure than the initial settlement offer and they then disposed of their property to a third party who proposed to redevelop Handrail House.
We were then appointed by the owners of 67 Maygrove Road to advise and negotiate a settlement figure as compensation for the impact that would be caused by the redevelopment of Handrail House. A figure was agreed and we liaised with the other side’s surveyor on agreeing the Deed of Release with the lawyers.