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We can only answer on mainland UK law. is that OK?
What is the exact wording in the deeds. I need the whole reference please.
Is it still opaque glass?
Does the window open over your land?
An answer on mainland UK law will be sufficient, thanks.
The covenant sates "that the purchaser his heirs and assigns shall have the right to place a window of opaque glass but not otherwise in the south-west wall of the kitchen of the dwelling house called (my neighbours house) hereby conveyed and that so long as the said window shall be obscured so as effectively to prevent a view of (my house) therefrom the Vendor his heirs and assigns will not interfere with or obstruct the said light in such a manner as will prevent it coming to such window at an angle of at least forty-five degrees from the perpendicular"
The window is still opaque glass and opens out from the bottom and sticks out about 10 to 12 inches from the wall when open.
So far it is looking good. How long has this widow been in place and opening. This is really important.
is that 12" over your land? When did you 1st raise objection? I am offline now till late but will pick this up then
Unfortunately I do not know how long the window has been in place, I have been in my house for 4 years and it was there when I moved in, although we never noticed it opening at all for the first 6 months or so.
In the covenet it refers to it as a kitchen window, not a toilet window, which I guess has perhaps mislead my advocate when I purchased the house ?
My neighbour however moved in approx 12 to 18 months before we did and he was doing renovations to the property including re-rendering the said gable wall, he could well have installed new windows at this point however I cannot confirm this.
I would say the window opens at it's widest to approx 10 inches over my land.
I first raised the issue about 18 months ago with him verbally, we then placed a trellis in front of the window 9 months ago, my neighbour then called the police and although the police advised that we could put what we want on our property where we want, we were advised to move it to keep things amicable and again asked my neighbour to put up a blind etc etc.
We have placed the trellis back in front of the window as he is continuing to open the window to the full extent and also deliberately opens the window whilst he uses the toilet and close it afterwards !
Thanks for your help
Thankyou. That is most useful.
Thecovenant quite clearly states that he's got the right to place a window of opaqueglass, however what it does not do is give him the easement to open it overyour land.
Itdoes stop you covering it up.
Howeverif he has opened the window for 20 years or more, (that includes hispredecessor) then he has acquired the right to open it (and easement) under thePrescription Act.
Assumingthat he cannot prove that it has been there for 20 years or more I would get asolicitor to write to him (it is more powerful from a solicitor) reminding himof the exact wording of the deeds (send him a copy) and reminding him that hehas the right to have the window there but not to open it so that it extendsover your property. The extension over your property is trespass and whilst hecan open the window can only open it as far as his windowsill.
Solicitorcan tell him that he continues to open it beyond the boundary of his property,you will apply to court, without further notice, for an injunction to compelhim to stop the trespass into your airspace and that you will ask the court toaward costs against him.
Doesthat answer the question? Can I help further? Can I answer any specific points?
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Although you mightthink it would help you, it doesn't because it was a kitchen at the time ofgranting the covenant.
There is nocovenant for it to be a kitchen but nothing else.
I don't think it'sworth pursuing that line.
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