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Thomas
Thomas, Solicitor
Category: Property Law
Satisfied Customers: 7602
Experience:  UK solicitor holding an England and Wales practising Certificate.
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What exactly does this mean? The Transfer dated......referred

Resolved Question:

What exactly does this mean?
The Transfer dated......referred to in the Charges Register contains the following provision:-
"It is hereby agreed and declared between the parties hereto as follows:
the Purchaser and its successors in title and assigns shall not by virtue of this Deed acquire any right of light or air which would prejudice the free use and enjoyment of any adjoining or neighbouring land of the Commission for building or for any other purpose"
My neighbour is wanting to build an extension which would block out light to my garden. Is this provision saying they cannot do that?
Submitted: 2 years ago.
Category: Property Law
Expert:  Thomas replied 2 years ago.
Hi
Thanks for your question.
It means that the owner of that land did not get a right to light as a result of the transfer containing the clause. This means that the purchaser of the land would not be able to rely on any part of that particular transfer containing the clause in order to prevent adjoining properties being developed.
This simply means that there was no express grant has a right to light in particular transfer. The land might have acquired a right to light over a period of time by acquiring an easement by prescription. This is where a person has enjoyed a particular right such as a right to light for a period in excess of 20 years.
This means that if you have enjoyed the right to light which your neighbour is proposing to block out by developing their property for a 20 years then you may seek to claim an easement by prescription in order to prevent them developing the property to block out your light. In order to do this you would have to instruct a solicitor to prepare an application to register the right in your favour with the land registry.
You would have to produce documentation such as statutory declarations which you execute concerning the length of time that you have used it and your neighbour would be free to dispute your claim if you have not used it for the requisite period of time.
Kind regards.
Tom
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Customer: replied 2 years ago.

The house may have been here for 20 years but I have not lived in it for 20 years, so I am guessing I could not use the easement by prescription.

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