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wingrovebuyer
wingrovebuyer, Senior Solicitor
Category: Property Law
Satisfied Customers: 737
Experience:  Bachelor of Laws (Honours); PG Diploma in Law; Member of ALA; 9 years' experience
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Can my neighbour erect a 6foot wooden fence in front of my

Customer Question

can my neighbour erect a 6foot wooden fence in front of my window that overlooks his property.it has been like this for 65 years,with a 4 foot fence.new neghbours.
Submitted: 2 years ago.
Category: Property Law
Expert:  wingrovebuyer replied 2 years ago.
Hello. Does the new fence mean there is a lot less light getting into your room?
Customer: replied 2 years ago.

yes it would block some of the light as it would only be 32 inches from my window

Expert:  wingrovebuyer replied 2 years ago.
Thanks. There's no rule preventing a fence of up to 6 ft being put up by anyone in their rear gardens. However, where this would block light to your room, you can use the "right to light" to prevent the new fence. This is an ancient common law doctrine that where a window in a house has enjoyed a certain level of light for 20 years or more, that window enjoys a legal right to the same level of light from then on. This seems to apply here. If the fence goes up, I suggest you write to the neighbour saying it is blocking light to your room and that you'd like it removed or reduced in height. If they refuse, I am afraid you'll need to take legal actio through the courts to force them. For now, I suggest you take some photos on a bright day, showing the present light levels. Record the date and time and take as many photos as you can over the course of a week. This could be used a evidence to prove the reduction in light in the future. All the best, WB

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