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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Lost Sunlight

Customer Question

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

Submitted: 3 years ago.
Category: Property Law
Expert:  Ash replied 3 years ago.

Alex Watts :

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.

Alex Watts :

You potentially have an easement for a right to light.

Alex Watts :

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.

Alex Watts :

Assuming this is the case then you would be able to seek a Court order that your neighbour remove the cladding.

Alex Watts :

For this you would need a Solicitor to draft proceedings and represent you in Court.

Alex Watts :

But you do have a right to light if you have had this for over 20 years.

Alex Watts :

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