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tdlawyer
tdlawyer, Lawyer
Category: Law
Satisfied Customers: 1096
Experience:  11 years experience of general practice.
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I have a neighbour and a party wall divides us at the rear.They

Resolved Question:

I have a neighbour and a party wall divides us at the rear.They have approval for an extension supported by (in part) a new party wall, my side of which will not be mine.I am concerned for future work if required by me,the foundations aspect,and the affect on my building Insurance(PRU).I am also concerned by loss of light both at the end of my lounge and my kitchen opposite the new work.Thank you Brian Rhead.
Submitted: 3 years ago.
Category: Law
Expert:  tdlawyer replied 3 years ago.
tdlawyer :

Hi Brian. Thanks for your question, my name is ***** ***** I should be able to assist with this.

tdlawyer :

Are you concerned about the loss of light generally of through a specific window?

Customer:

yes.If this would knock it on the head I wont have to worry about foundations etc.The kitchen window would be worst affected.

Customer:

These people tried to get an extension some years ago on the top of their kitchen but you would have to see the site to get the full impact of that proposal.

tdlawyer and other Law Specialists are ready to help you
Customer: replied 3 years ago.

Thank you.I may need to recontact later.Brian

Expert:  tdlawyer replied 3 years ago.

Hi Brian

You've rated the answer, but I haven't really given you one as yet. Let me do that now, and if you would like more information about it, just let me know, and I can give that for you.

okay, so a right to light issue is difficult to run, but very possible. What you would need to show is that you had a right to receive light through a defined apateure (i.e. window). This is done usually by showing that you have received light through it for at least 20 years, and that it has become a "prescriptive right to light".

Then, you need to make sure there is nothing in your property deeds that prevent you acquiring a right to light (in fact, there may be an express right in the agreement).

If you can show the right to light and a serious interference with it, then you should be able to bring an action to prevent the light being blocked out.

If this is something you think you would want to proceed with then I would encourage you to see a property litigation solicitor that specialises in such types of claim as they can be a little tricky.

Hope this is useful.

Tony