This concerns the right to light as you are aware
During the course of answering you, I will give you some background from a variety of points of view which will hopefully explain the overall situation.
Let me say first, there is no right to a view.
This is also nothing whatsoever to do with whether you have been granted planning permission or not if light is obstructed by, for example, an extension. That is a separate issue although the planning people are supposed to consider the light issue. The guidelines however don’t require the loss of light to be considered with regard to non-habitable rooms.
The loss of light however applies regardless of planning and regardless of whether the loss is to a habitable room or a garage or whatever. It does not however apply to a garden which loses light. It can however affect “amenity” in the garden.
If a neighbour, allows plants to grow over their neighbours window, so as to obstruct light by more than 50% and apart from a potential action in nuisance, there is also an action in respect of the right to light.
If this blocks the view, then that is indeed unfortunate, There is nothing in law an owner can do provided it isn’t 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.
An owner needs to check the deeds of the neighbouring property to see whether the right to light has been specifically excluded and you can get the land registry deeds for three quid by following this link.
If the right to light is specifically excluded, there is nothing that a neighbour can do even if it makes the room pitch black
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 from the likes of
you will find the site most useful and the calculation is here
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 their deeds.
You can get their deeds and plan for three quid each respectively by following this link
Here is a bit more reading for you in general
So you need to start with ascertaining exactly how much light you have lost. Unless it’s more than 50 percent, you have no cause of action.
Even then, your remedy would be compensation for the lack of light unless the building has not already started in which case, notwithstanding the granting of planning consent, you could potentially get an injunction to stop the building going ahead.
The planning issue and the right to light do touch each other they are actually separate.
Can I clarify anything else for you?
I am happy to answer any specific points arising from this.
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