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Ask James Mather Your Own Question
James Mather
James Mather,
Category: Law
Satisfied Customers: 22629
Experience:  Senior Partner at Berkson Wallace
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there is a boundary wall between me and next door it is about

Customer Question

there is a boundary wall between me and next door it is about 3feet 6inch from there kitchen and the same from my kitchen they have put a fence on top of it how high can a fence be without blocking my light
Submitted: 4 years ago.
Category: Law
Expert:  James Mather replied 4 years ago.
-Could you explain your situation a little more?
Customer: replied 4 years ago.

there is a wall now wth a fence on it about 6feet high

Customer: replied 4 years ago.
Relist: Other.
you said hde was dealing with it.
Expert:  James Mather replied 4 years ago.

I'm sorry, but this is not an instant service because we
are all solicitors

in practice. We all have clients and court and other users on this site and

travelling and weekends and evenings etc. So sometimes you may get a response

in minutes but sometimes it may be hours.

Thank you for your question.

This concerns the right to light as you are aware

Let me say first, there is no right to a view.

If this blocks the view,
then that is indeed unfortunate, There is nothing in law an owner can do
provided it isnt a nuisance and there is no breach of any consent.

I will add that there is also no right to a TV signal either so if
it blocks a TV signal, other arrangements will have to be made. There is already
case law on that.

The right to light is different. If a property has acquired the
right to light (it depends how old the property is, there may be a remedy.

There is no absolute right to light from across neighbouring land,
although this right can be ‘earned'.

Under the Prescription Act 1832 a right to light can be acquired
provided the light has been uninterrupted for at least 20years. However, this
right applies most commonly to a building, and more particularly, to the window
through which the light enters.


The light must be reduced by at least 50% before the right is
deemed obstructed. Let me tell you now that 50% is an awful lot of light and it
will not even be approaching that in most circumstances. A specialist surveyor
with experience in right to light matters would be essential.


BUT, if a title specifically excludes the right to light, there is
nothing an owner can do regarding light . This is most common if both e pieces
used to belong to the same person and one part was sold off and the seller
excluded right to light. You need to check the deeds.


This fence will not even approach reducing light by 50%.

The efnce /wall can be 2m high between houses before it need
planning permission

It might not be
altogether what you wanted to hear but does that make sense and answer the
question? I just don't want to mislead you.

Can I assist any
further with this? Please bear with me today because I will be online and
off-line clients.

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