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Joshua
Joshua, Lawyer
Category: UK Property Law
Satisfied Customers: 25358
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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There is a window in my house on the ground floor that overlooks

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There is a window in my house on the ground floor that overlooks my neighbours yard (party wall) it has been there for a better part of a decade. Can the neighbour force me to brick it in

Joshua :

Thanks for your question. Please kindly RATE my answer when you are satisfied

Joshua :

Was it part of the original construction of the property please or was it installed subsequently to the original construction?

Customer:

I think it was installed a decade ago.

Customer:

the house is over 100 years old

Joshua :

Thanks. Do you know if planning permission was obtained for the window?

Customer:

from what I can gather from public records that no permission was granted

Customer:

going back to 2003

Joshua :

Thanks. On the basis that no permission was applied for under the provisions of s171 of the Town and Country Planning Act it is not possible for the council to take enforcement action in respect of the window after 4 years following its construction.

Joshua :

If permission was obtained and the window was in breach of one or more of the conditions of that permission then the relevant enforcement period is 10 years rather than 4 years but that is not the case here from what you say.

Customer:

so what if a plan was refused and the previous owner went and did it anyway (covering all possibilities) council's website is a bit dodgy

Joshua :

The only other bases on which the neighbour could attempt to take action would be if he could show a binding covenant over your land that restricts that type of development which could be possible but would be evident from an inspection of his deeds which you can download from the Land Registry. Even is he had one it would be too late by now to force you to remove it but he may be able to claim a modest amount of compensation - only in the event he can demonstrate he has the benefit of a covenant you have breach of course.

Joshua :

If planning permission was refused then the work would have been carried out without planning permission and therefore the relevant period for enforcement would be 4 years.

Customer:

cheers

Joshua :

A pleasure

Joshua :

If you have no further questions for now I should be very grateful if you would kindly take a moment to rate my service to you today. Your feedback is important to me. If there is anything else I can help with please reply back to me.

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