How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Stuart J Your Own Question
Stuart J
Stuart J, Solicitor
Category: UK Property Law
Satisfied Customers: 22624
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street practice
Type Your UK Property Law Question Here...
Stuart J is online now
A new question is answered every 9 seconds

My neighbour has a downstairs toilet/washroom with a window

This answer was rated:

My neighbour has a downstairs toilet/washroom with a window which opens onto my patio area at the front of my house, near my front door.

The window is a large vertical rectangle which opens out from the bottom and is of opaque glass.

There is a covenant in our deeds which refers to this window as a "kitchen" window which should be of opaque glass to prevent my neighbour from looking into my property.

We are currently in dispute over this window as my neighbour continuously opens the window as far as he can.

His toilet is also directly underneath the window and he uses the toilet with the window open, on dark evenings I can also see him quite clearly when he is using the toilet and has the light on.

Despite my requests to my neighbour asking him to put up a blind and to close the window whilst using the toilet, my neighbour continues to open the window whilst using the toilet.

I have now placed a trellis outside his window to protect our privacy.

The advice I need is does this covenant still stand now that the use is no longer a kitchen but is now a toilet/wash room ?

My neighbour is threatening legal action if I do not remove the trellis - he can still open is window the width of his window sill which is approx 2 inches.


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?



Customer: replied 4 years ago.

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

Customer: replied 4 years ago.

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



you. That is most useful.

covenant quite clearly states that he's got the right to place a window of opaque
glass, however what it does not do is give him the easement to open it over
your land.

does stop you covering it up.

if he has opened the window for 20 years or more, (that includes his
predecessor) then he has acquired the right to open it (and easement) under the
Prescription Act.

that he cannot prove that it has been there for 20 years or more I would get a
solicitor to write to him (it is more powerful from a solicitor) reminding him
of the exact wording of the deeds (send him a copy) and reminding him that he
has the right to have the window there but not to open it so that it extends
over your property. The extension over your property is trespass and whilst he
can open the window can only open it as far as his windowsill.

can 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 compel
him to stop the trespass into your airspace and that you will ask the court to
award costs against him.

that answer the question? Can I help further? Can I answer any specific points?

Please don't forget to
positively rate my answer service even if it was not what you wanted to hear. You
should now see a series of buttons which enable you to rate my answer service

If you don't rate it positively, then the site keep your deposit and I get 0
for my time. It is imperative that you give my answer a positive rating.

It doesn't give me, "a pat on the head", "good boy" (like ebay), it is my

If in ratings you feel that you expected more or it only helped a little,
please ask.

The thread does remain open for me to answer follow-up questions after rating
my answer service.

Although the site
may give you the impression that the thread closes after you have rated the
answer but that is not the case. It stays open for you to continue to read the
thread and to ask for follow-up which I will answer with pleasure.

Customer: replied 4 years ago.
Thanks, XXXXX XXXXX very helpful.

I just have one more question, as my neighbour or previous owner has changed the use from a kitchen to a toilet does this infact void the covenant or should there be a new covenant put in place to state that this is now a toilet ?

Although you might
think it would help you, it doesn't because it was a kitchen at the time of
granting the covenant.

There is no
covenant for it to be a kitchen but nothing else.

I don't think it's
worth pursuing that line.

Stuart J and other UK Property Law Specialists are ready to help you