My neighbour is extending 3m out from our properties. we are attached and this brick build will be right on our border and less than 1m away from our windows. I want to object to this build using right to ligh. does the clause in our dees stop us doing this and what doe it mean?
Thank you. So theextension will block your light and you object?
Let me say first, there is no right to a view.
This is also nothing whatsoever to do with that whether he hasbeen granted planning permission or not. That is a separate issue.
If this blocks the view,then that is indeed unfortunate, There is nothing in law an owner can doprovided it isnt 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 ifit blocks a TV signal, other arrangements will have to be made. There isalready case law on that.
The right to light is different. If a property has acquired theright 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 acquiredprovided the light has been uninterrupted for at least 20years. However, thisright applies most commonly to a building, and more particularly, to the windowthrough which the light enters.
The light must be reduced by at least 50% before the right isdeemed obstructed. Let me tell you now that 50% is an awful lot of light and itwill not even be approaching that in most circumstances. A specialist surveyorwith experience in right to light matters would be essential from the likes of http://www.right-of-light.co.uk/
you will find the site most useful and the calculation is herehttp://www.right-of-light.co.uk/calculations.htm
BUT, if a title specifically excludes the right to light, there isnothing an owner can do regarding light . This is most common if both e piecesused to belong to the same person and one part was sold off and the sellerexcluded right to light. You need to check the deeds.
The next to last resort, is appeal the planning decision on thegrounds that the extension would have a severe impact on your property. If thatfails you can seek judicial review of the council's decision. You can only seekthis on the grounds of irrationality, illegality or procedural impropriety. Notjust because you don't like the decision.
Now to come back to the particular clause.
The word "transfer" in the first line of the question "it ishereby agreed and declared that the transfer shall not be etc" will eitherrefer to transferor or transferee. I think it is probably transferee which inthis case is you.
It says that you shall not become entitled to any right of lightunless you already acquired one so you would need to have enjoyed light throughthat window since 1959 and have proof of such. To be honest there is not a verybig burden of proof on that unless there has ever been a building next door.
There must also be no document/deeds prior to 1979 excluding lightin the way that the 1979 one does.
It also refers to other easements which may have been createdsince 1979 or before 1979 such as rights of access.
Does that answer the question? Can I help further? Can I answerany specific points?
If you want to ask any further information on the dates, I willneed to know when the house was built and whether there is any similarprovision in previous deeds with regard to the right to light.
I'msorry, I appreciate that a lot of this this is not the answer you wanted butthere is no point in me misleading. I have a duty to advise you truthfully andhonestly even if that answer is unfavourable.
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