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Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 7612
Experience:  BA (Hons), PgDip, Practising Solicitor
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What do the terms "Except and Reserving" mean on a land ce

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What do the terms "Except and Reserving" mean on a land certificate?

Can you tell me what follows after "excepting and reserving" please?

Customer: replied 4 years ago.



"unto the Vendor and his successors in title the right to use all or any part of the Vendor's adjoining or neighbouring property for building or other purposes whether or not such use shall or obstruct or diminish the access of light and air now or at any time hereafter enjoyed by the Purchasers or their successors in title owners or occupiers for the time being of any part of the property hereby conveyed to or for any building or other erection now or hereafter to be erected thereon"




Thanks for your patience.

That entry means that other land has rights over yours. It’s quite common.

It was probably imposed by the developer that originally built your property. When the property was sold they inserted this clause. The purpose of the clause was to ensure that the developer was able to develop the land around your property without the owner of your property at the time being able to complain that it blocked sunlight to them and ceasing the development. Without this entry the owner of your house would potentially be able to stop them building other houses if their sunlight was blocked in even the most insubstantial or trivial way.

It basically means that you have no right insist that development which interrupts the flow of sunlight to your property. All the other properties in the development will also have the same entry .

If no-one’s developing so as to block your sunlight it’s not a problem.

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Customer: replied 4 years ago.

Thanks Tom.


Can you please clarify if this clause remains in perpetuity or is there a time beyond which it is less likely to be enforced?

The property was built in 1984 when the clause was inserted.


It's binding on the property in perpetuity I'm afraid.

The only way that it could be altered would be an application to a landss tribunal I believe.

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Customer: replied 4 years ago.

Thanks! Thought it might be!


One last point. Is this factor likely to be taken into account when neighbours are applying for planning permission to build an extension? The clause does not appear to apply to "overshadowing" of conservatory/patio areas.


The clause itself would not be taken in to account by the planning department, it's a separate issue.

However, diminishing another's light is taken in to account by palnning as a general principle though.

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Customer: replied 4 years ago.

So even if the clause states no right to light, the planners may still apply the right to light under common law? Am I right in thinking the Act is under review but not yet changed? I believe the right to light may be acquired by anyone who has uninterrupted use over a period of 20 years. I have lived in this property for 19 months!

They take the impact on neighbouring properties and the surrounding environment into account rather than whether or not you have a legal right as such.

They are not concerned with you you're really but rather they are concerned with weather the proposed development complies with that planning policies.

If you wish to object to the proposed development then you should do so by objecting to planning permission within the consultation period.

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I have to go out for a bout 45 minutes now
Customer: replied 4 years ago.

OK. Don't think you can help any more for now.


Many thanks.


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