How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Thomas Your Own Question
Thomas, Solicitor
Category: Property Law
Satisfied Customers: 7664
Experience:  UK solicitor holding an England and Wales practising Certificate.
Type Your Property Law Question Here...
Thomas is online now

I have confirmed that the next door building had been at the

This answer was rated:

I have confirmed that the next door building had been at the same height since at least 1978. So I have had the benefit of my daylight and sunlight of over 20 years. Does this mean the council have broke any law by granting the 2 story extension ? Do you think I have a decent case on this point to involve a surveyor and the solicitor ?

Thanks for your patience.

I am afraid that the council simply determine planning applications in accordance with planning policy.

If you have acquired a right to air/light by prescription then it would be for you to enforce this right, because it is a private civil matter between you and next door. The council are there to discharge their responsibility to see that development is carried out according to planning law/policy, it does not extend to determining matters of law between private home owners unfortunately.

If you wish to restrain the development by claiming prescriptive rights then you would have to see a local property solicitor first about claiming the rights and second about then obtaining an injunction against your neighbour. Pursuing the planning department would be a bit of a blind alley I’m afraid.

Please remember to RATE my answer OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE or above if you are satisfied that you have received the correct legal advice (even if it is not the answer you wanted to hear), otherwise I do not receive any credit for answering your question.

If you are not willing to rate my answer as OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE then allow me to assist further by replying asking what clarification you require rather than rating my answer at levels below.

If you wish for me to provide you with further guidance on any question you may have in the future then please submit a further question to the board requesting me either by my profile or by marking your question. “FAO Tom”.

Kind regards,

Thomas and 2 other Property Law Specialists are ready to help you