there is a wall now wth a fence on it about 6feet high
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This concerns the right to light as you are aware
Let me say first, there is no right to a view.
If this blocks the view,then that is indeed unfortunate, There is nothing in law an owner can doprovided it isnt a nuisance and there is no breach of any consent.
I will add that there is also no right to a TV signal either so ifit blocks a TV signal, other arrangements will have to be made. There is alreadycase law on that.
The right to light is different. If a property has acquired theright to light (it depends how old the property is, there may be a remedy.
There is no absolute right to light from across neighbouring land,although this right can be ‘earned'.
Under the Prescription Act 1832 a right to light can be acquiredprovided the light has been uninterrupted for at least 20years. However, thisright applies most commonly to a building, and more particularly, to the windowthrough which the light enters.
The light must be reduced by at least 50% before the right isdeemed obstructed. Let me tell you now that 50% is an awful lot of light and itwill not even be approaching that in most circumstances. A specialist surveyorwith experience in right to light matters would be essential.
BUT, if a title specifically excludes the right to light, there isnothing an owner can do regarding light . This is most common if both e piecesused to belong to the same person and one part was sold off and the sellerexcluded right to light. You need to check the deeds.
This fence will not even approach reducing light by 50%.
The efnce /wall can be 2m high between houses before it needplanning permission
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