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Thomas
Thomas, Solicitor
Category: Property Law
Satisfied Customers: 7602
Experience:  UK solicitor holding an England and Wales practising Certificate.
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my neighbour is proposing to build a 1st floor extension over

Customer Question

my neighbour is proposing to build a 1st floor extension over their garage to acomodate bedroom, bathroom and storeroom which will come right up to our fence and take a lot of light away from my house
Submitted: 4 years ago.
Category: Property Law
Expert:  Thomas replied 4 years ago.
Hi,

Is there a restriction as to air/light on the registered for your neighbours property?

Tom
Customer: replied 4 years ago.

we are not aware of any restriction but can't be certain

Expert:  Thomas replied 4 years ago.
Hi

Thanks for your patience.

You need to download the registered title for the property next door. There may be a restriction on the Property Register stating that they have no right to air/light which would interfere with neighbouring properties (or of the properties to be developed by the original developer/transferor).

If there is a restriction then you can enforce this against them and stop the development provided that the restriction is made for the benefiting of neighbouring properties, no question.

You can download from the Land registry’s find a property service here:-
https://eservices.landregistry.gov.uk/www/wps/portal/!ut/p/b1/04_SjzS0tDQwMTIxMjLXj9CPykssy0xPLMnMz0vMAfGjzOKNjSxMDA1NjDwsjM3MDTxN3dyNDUNMjQ1MjPWDU_P0c6McFQH3SLFU/

If there is no restriction then you would simply have to exhaust your right of objection in accordance with the local authority’s planning policy on the basis of loss of light and/or loss of privacy


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Kind regards,


Tom
Customer: replied 4 years ago.

there is plenty of opportunity for the neighbor to extend over a granny annex which does not involve any restrictions to other neighbors his c


ommentary was that the house would look like a railway station. We are in an area of bungalows mostly injabited by retired persons.I have only spoken to him , making him aware that I will object to the extension


p


 

Customer: replied 4 years ago.

there is plenty of opportunity for the neighbor to extend over a granny annex which does not involve any restrictions to other neighbors his c


ommentary was that the house would look like a railway station. We are in an area of bungalows mostly injabited by retired persons.I have only spoken to him , making him aware that I will object to the extension


p


 


 


 

Expert:  Thomas replied 4 years ago.
Hi,

This sounds like a reasonable basis to object, but your first avenue for investigation should be to ascertain whether there is a legal restriction registered on their registered legal title. If there is, then you will be able to successfully restrain their development.

Please remember to rate my answer.

Tom
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Customer: replied 4 years ago.

I did not find your answer too helpful as when searching forregistrered title to see if there is a restriction on air/light I would have to pay a lot of money. Ursula

Expert:  Thomas replied 4 years ago.
Hi Ursula,

It shoudl only cost you £4 to download and copy of the register for the property next door..

Tom

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