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Matt Jones
Matt Jones, Solicitor
Category: Law
Satisfied Customers: 671
Experience:  I am a qualified and practising Solicitor with over 7 years post qualification experience
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My next door neighbours have put plans into our local coun

Resolved Question:

My next door neighbours have put plans into our local council to build a second storey over their garage. We've lived in our house for 25 years and the reason for choosing the property was the sun shines on our patio from early morning to 5 pm. Because we lost the last of the days of rays, we had a small pat 2io built on the left hand side at the bottom of our garden. I've been to the Council Offices to obtain the proposed plans and it's most likely to deprive us the last 2 hours of sunshine between 5 - 7 pm. I'm in the process of writing to the County Council and was wondering whether there is a law which protects neighbours? Regards XXXXX XXXXX

Submitted: 3 years ago.
Category: Law
Expert:  Matt Jones replied 3 years ago.

Matt Jones :

Hello I will try and help

Matt Jones :

Will this interference with your light affect the interior of your property?

Customer: No Matt
Matt Jones :

Thanks

Matt Jones :

A property can gain what we call "rights of light" if enjoyed for over 20 years, however this would only ever be possible to claim for interference of light inside the house. It is not possible to claim for external interference unfortunately. The other thing for you to look at is if your property enjoys the benefit of a restrictive covenant. if there is something in your, and your neighbours deeds, preventing building on either land without your consent that might be an avenue to explore

Matt Jones :

I hope this helps

Matt Jones :

please leave positive feedback if it does

Customer:

Many thanks Matt, but unfortunately there is no covenant on either property.

Matt Jones :

That is a shame. I am afraid, unless the council change their mind on planning your opinions are limited. I am sorry that my advice is on the negative side but I only hope to give truthful advice. Unless you have further questions then please click to leave positive feedback. If you think of follow up questions later on you can always revisit this to ask follow up q's

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