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Hi, I have a 4' wide 'L' shaped yard at the back of my ground floor flat. along the side is a 6' wall and at the end is a 9 ' wall. with 3' railings on top. as you can imagine I do not get much daylight. The neighbour who backs onto me has clamped wooden cladding on to the railings and has taken most of the only natural light I get......what can I do?
My yard is south facing
Hello my name is Alex and I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return.
You potentially have an easement for a right to light.
If the property has been in its current use with that fence for 20 years then you have a prescriptive right. This right becomes absolute after 40 years.
Assuming this is the case then you would be able to seek a Court order that your neighbour remove the cladding.
For this you would need a Solicitor to draft proceedings and represent you in Court.
But you do have a right to light if you have had this for over 20 years.
If this answers your question, please take a moment before you leave and rate my service, which I hope has been excellent, it only takes a second and is an important part of the process. Otherwise if you need more information or help then please click reply. Alex