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vincent2013
vincent2013, JustAnswer Expert
Category: Property Law
Satisfied Customers: 213
Experience:  Qualified solicitor and barrister (non-practising) with 7+ years experience
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neighbour next door the adjoining property has put a caravan

Customer Question

neighbour next door the adjoining property has put a caravan on their drive right up to the boundary line all we are looking at from our lounge window is the caravan it has blocked out natural light in our home also the drives slope towards the house spoke to neighbour was told that it is staying their and they are not moving it
we have a caravan but we keep it in storage so not to offend our neighbours, and so it does not lower the tone of the close we live on also our concerns as regards XXXXX XXXXX valuation of our property if we wanted to sell please advise what to do
Submitted: 3 years ago.
Category: Property Law
Expert:  vincent2013 replied 3 years ago.

Hi, thanks for your question. My name's XXXXX XXXXX I'm going to assist you with it this afternoon.

 

Although there is no legal right to a view and no automatic right to light, a right to light can be acquired, either because the right has been granted or because the right has been earned over time (an easement).

 

If it is established that a right to light through a window/aperture has been granted or acquired, an obstruction may constitute a legal "nuisance", depending on the severity of the restriction, resulting in a remedy such as an injunction to move the vehicle.

 

Having said that, the threshold to constitute a legal "nuisance" is high. The general rule of thumb is that 50% of the light must have been obstructed and you would probably be surprised at quite how dark a 50% reduction is. Further, whilst the courts find the 50% rule a helpful guide, they are not bound by it and each case will turn on its facts. If a vehicle is parked on adjacent land at a 90 degree angle to a window, it may not reach the 50% threshold. Nevertheless, this would need to be established by a surveyor.

 

You can find more information regarding rights to light from the Law Commission's recent paper, a link to which can be found here: https://www.gov.uk/government/news/law-commission-consultation-on-the-current-law-on-rights-to-light

 

I hope that answers your question but please do let me know if I can clarify anything.

vincent2013 and other Property Law Specialists are ready to help you
Customer: replied 3 years ago.

Hi, Thanks for your reply, what would be my next course of action do I contact the council or a solicitor and ia the process going to be rather costly
Please advise. Mrs.K. Davies
Expert:  vincent2013 replied 3 years ago.

If the vehicle is unoccupied and on private land, the local authority are going to be restricted in what they can do.

 

A local solicitor will be able to advise you on your options and, whilst legal action can be costly, a solicitor's letter may well be able to move matters in the right direction (which would certainly limit costs).

 

If you need to locate a local firm, you can use the Law Society's find a solicitor search tool here: http://solicitors.lawsociety.org.uk/

 

I hope that's helpful.

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