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Thomas
Thomas, Solicitor
Category: Property Law
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Experience:  UK solicitor holding an England and Wales practising Certificate.
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I have paragraph on my title deed and I think it means I have

Customer Question

I have paragraph on my title deed and I think it means I have no right to light, is this something you can confirm, if i sent the wording ?
Submitted: 2 years ago.
Category: Property Law
Expert:  Thomas replied 2 years ago.
Hi,

Thanks for your question.

If you have an entry on the registered title which says that you are and shall not become entitled to a right to light then this will be as a result of the property being transferred from another piece of land in the past.

This is usually done by a developer when they are building the rest of the development. This means that you could not restrict the way in which they build the rest of the development. So, if when the property was transferred your light was not restricted by any other buildings then it means that the developer retains the right to build (eg the adjoining properties) in such a way so that the buildings next door may block the light from reaching your property so that it causes shadows on your property. It essentially gives them the complete freedom to build the rest of the development.

The adjoining properties will also have similar restrictions, which means that you are probably essentially free to develop your property in such a way so that light to other properties is blocked.

It's nothing to be worry about. Basically every development and sales of the properties within that development from about the 1950s onwards will have same/similar restrictions.

Kind regards,


Tom
Thomas, Solicitor
Category: Property Law
Satisfied Customers: 7569
Experience: UK solicitor holding an England and Wales practising Certificate.
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Customer: replied 2 years ago.

Many Thanks for your reply, please find below the paragraph in question, our situation is we are trying to extend and our two neighbors our questioning their right to light as they have been there more than 20 years. All the houses were built at the same time and i assume have the same title deeds but i will check that. I just want to confirm that this paragraph below if also in their deeds gives them no right to light.


 


"That this transfer shall not be deemed to imply the grant of any right of light air or otherwise which would in any manner interfere with the free user by the transferor of the development for building or any other purpose"


 


Many thanks


Mike

Expert:  Thomas replied 2 years ago.
Hi Mike,

Right. More complicated and not great news unfortunately.

The clause does not prevent them from acquiring a right to light by prescription (ie. on use), it only restricts the claiming a right to light as at the time of the transfer of the property.

So, if they are able to prove the right by prescription then they might be able to have it registered against your title (ie not to develop in such a way so as to restrict air/light to adjoining properties).

Basically, if they prove/register the right they claim by prescription AND the extension restricts of diminishes the air/light to their property then they would be able to prevent the works.

If the works do not prevent/restrict air/light to their properties then they cannot restrict the works.

I am sorry, it leaves you in an uncertain situation unfortunately.

Kind regards,

Tom

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