Do Your Due Diligence Early

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.