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Thomas
Thomas, Lawyer
Category: UK Property Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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I need clarification on the following section from our house

Customer Question

I need clarification on the following section from our house deeds;
It is in a section titled 'EXCEPT AND RESERVING:

(iv) The right to erect any building or structures on any part of the vendor's estate notwithstanding that such building or structures may interfere with the free access of light or air to any building now or hereafter to be erected on the said land'
Submitted: 2 years ago.
Category: UK Property Law
Expert:  Thomas replied 2 years ago.

Hi,

 

Thanks for your question.

 

It means that the original seller from the conveyance which imposed the clause is free to develop the land that they retained in such a way so as to interfere with the light/air to your property.


So, the seller could have erected a building on the land the retained which blocked the light to your property for daylight hours and who ever owned your property at the time would not be able to object. Develops use these to ensure they can develop freely.

 

If this has been useful please kindly click accept so that I may be rewarded for my time. If you do not click accept your money stays with the site and I do not receive any credit for the time I have taken to answer your question.

 

I will answer your follow up questions you may have.


Kind regards,


Tom

Customer: replied 2 years ago.
Does this mean that I can build and block light or is it just the original seller.
The reason for asking is that we have plans for an extension, approved by the council but our neighbours are objecting on a 'right to light' basis
Expert:  Thomas replied 2 years ago.

The clause basically means that the property it relates to does not have a right to light. You need to check and see if your neighbours also do not have a right to light.

 

If a similar provision is not on their title then they can object. If it is not then they can't


Trust this clarifies, please click accept.


Tom

Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 6656
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and other UK Property Law Specialists are ready to help you
Customer: replied 2 years ago.
So just to confirm, if the neighbours have the same clause on their deeds then they have no right to light? Thanks
Expert:  Thomas replied 2 years ago.
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Customer: replied 2 years ago.

Hi, Following on from our communications over the weekend.

I have attempted to view the deeds for our neighbours house but they were unavailable online. I contacted the Land Reigistry and they have said that there is a pending application for first registration of the property.

They have lived in the house for 26 years so my concern is why are they now registering their house - is it a possibility that they can have any clauses preventing a right to light from being acquired removed from thieir deeds?

Expert:  Thomas replied 2 years ago.
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