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LondonlawyerJ
LondonlawyerJ, Solicitor
Category: Property Law
Satisfied Customers: 815
Experience:  Experienced solicitor
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Is your neighbour allowed to build on a jointly owned fence

Resolved Question:

Is your neighbour allowed to build on a jointly owned fence line when we already have a windowed conservatory, which is part of the house, 9 inches from the boundary and would have no access to clean windows, clear the gutters or paint his wall?
Submitted: 3 years ago.
Category: Property Law
Expert:  LondonlawyerJ replied 3 years ago.
LondonlawyerJ :

Hello I am a solicitor with over 15 years experience. I will try to help you with this.

LondonlawyerJ :

Can you give me a little more information please. What is he planning to build and how does it have an adverse effect on you?

Customer: He is building a garden room with a solid concrete block wall along the fence line at a height of 3 m on the house sloping to 2.8m over a length of 4.8 m. The effect on us will be to block light from our conservatory windows and to prevent us from cleaning windows and gutters and accessing the back of our house and from painting his solid concrete wall. We have come to terms with the wall providing we have access to do what we need including painting his wall white to reflect light back.
LondonlawyerJ :

Will his foundations project under your land? If so the Party Walls etc Act will be triggered and he must serve notice on you seeking your consent.

LondonlawyerJ :

If the foundations do not extend under your land and the wall does not cross the boundary then the Act will not be engaged.

LondonlawyerJ :

I don't understand how this proposed extension will stop you accessing windows and gutters etc. Can you explain a little more please. As far as the light is concerned you may be able to do something about that if you have enjoyed light in the room that is about to be blocked for 20 years or more then you may well have acquired a right to light in that room. If your neighbour is building an extension as a permitted development o/s planning permission he may not have taken this into account. He should have.

LondonlawyerJ :

AS far as access is concerned I assume that in fact if he comes rigth up to the boundary he just leaves such a narrow atrip that you can get ino

LondonlawyerJ :

it. Is that right?

LondonlawyerJ :

If you do not want this building to go ahead you should ask about the foundations as above as this would make it a party wall matter and more difficult for him to go ahead without your permission. Also you can enforce your right to light as well to prevent it or to seek compensation. What kind of a neighbour behaves in the way he is behaving? here is link to the RICS guide re Right to Light.

Customer: O.K.thanks for your help.
Customer: O.K?Thanks for your help.
Customer: O.K.Tham
Customer: O.K.Thanks for your help.
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