A number of factors affect how much compensation an affected leaseholder or freeholder might be entitled to. The main factors are the magnitude of the loss of light and whether the case is one that would entitle the affected party to an injunction to limit the size of the development or extension.
The potential for a successful injunction is a common mechanism for estimating potential compensation. Where there is little prospect of an injunction, compensation tends to be tied to the loss of capital value in the affected property. Where there is a strong case for an injunction, compensation is often based on what the courts consider the parties might have agreed to in a hypothetical negotiation. This is known as negotiating damages.
Our commercial acumen and credibility that comes from our decades of experience in the field, and standing in the industry, is beneficial when it comes to a negotiated settlement.
While nearly all cases settled out of court, our expert witnesses are experienced in taking cases to court if required. We have represented clients in a number of high-profile cases including the Court of Appeal case Ottercroft Ltd v Scandia Care Ltd and Dr Mehrdad Rahimian .
Please contact us if you wish to find out how much compensation you might be entitled to, and one of our surveyors will be happy to provide case-specific advice.
Resources for Neighbours
This fact sheet uses simple diagrams to help explain the correct application of the 25 degree and 45 degree rule of thumb planning tests. Read >>
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