Thank you. I didn’t tie up this question to the earlier one. We can’t always see the previous questions without a bit of research. Even then, they don’t always crop up if a person has opened a separate account.
I have looked at the reply from the previous expert.
It depends on whether your property has the right to light which it would require after 20 years unless it is excluded in the deeds.
It would also depend whether the light coming into a room (it does not have to be a habitable room, it can be a garage or a bathroom or kitchen or a store cupboard for that matter) is reduced by 50% or more.
As the previous expert put it doesn’t matter that it blocks your view. It is the amount of blockage of light which is relevant.
If the fence is on their land, subject to what I have said above, they can do what they like provided the fence is 2 m high or under unless they have planning permission.
If the fence is on your land however if the previous owner allowed them to put the fence in place perhaps to stop you looking out of the bathroom window into their garden or suchlike, then the fence never acquires a right to be there because it only occupies the space on a licence if it is your land.
A licence can be revoked on reasonable notice which something like this would probably be 12 months.
The use of this piece of land, if it is on your side has to be without consent and without objection and not in secret.
If they just did it, and no one said a dicky bird, they acquire the right under the Prescription Act for it to stain place once it has been in place for 20 years.
If the neighbour asked, “can I put this fence in front of your bathroom window on your land” and the neighbour said, “yes that’s fine go ahead not a problem” then it’s a licence and it can be revoked.
So it depends where the fence is, how much light has been reduced and whether it is in place with consent even though there has been no objection.
The timescale is also relevant and on top of all of that there is the right to light issue.
If I have answered your question for you, at the top of the page, you should see a rating facility. Can you please rate my reply 3 stars or more because that really helps me? Please note you are not rating whether it’s favourable, because sometimes you may not get the answer you want, but basically my knowledge and way of dealing.
The thread does not close and I am happy to answer any questions you may have arising from this.