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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 32177
Experience:  Over 5 years in practice
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Where a Clause imposed by a Borough Council at the time

Customer Question

Where a Clause imposed by a Borough Council at the time sale, under the tenant's right to buy, provides protection to a next door neighbour from interference of light and air caused by, say an overhigh fence, and the clause has the designation "hereafter", can this be ignored, or overridden by the Town and Country Act 2015.
Submitted: 10 months ago.
Category: Law
Expert:  propertylawyer replied 10 months ago.


Can you explain further please in order to help.

Customer: replied 10 months ago.
West Devon Borough Council, in October 1983, on a right to buy basis, sold 5 Moorview, Northlew to a Mr and Mrs Griffiths. The Conveyance associated with the sale contained the following cause:The Purchaser shall not by virtue of this conveyance:-
Acquire any right or easement, or quasi-easement of light or air or otherwise except as set out except as set out in the First Schedule hereto which would restrict or in anyway interfere with the free use and enjoyment of any adjoining adjacent or neighbouring land or neighbouring land of the Council for building or for any other purposesA further mention in in the First Section:
.......on the purchaser or his successors in title
2. The right to the free and uninterrupted access of light and air at all times hereafter over the property to (1) the buildings now standing and (2) any building which may hereafter be erected on the adjoining or neighbouring land of the CouncilIn repetition, does the "hereafter" clause negate any changes in fence heights, as included in the Town and Country changes of rules in 2015, or boxes hereafter mean just that. There is a covenant that no fence can be erected in the front garden exceeding 1 metre. The covenant is more specific, but would need significant and costly litigation. The ideal would be a compromise of say reduction in height to 1.35 metres.
Expert:  propertylawyer replied 10 months ago.

Can you please upload the title document.