Photo: Brett Sayles

Does my Neighbour have a right to light?

A right to light is a right to receive uninterrupted light, passing across neighbouring land, into a window. If a building owner has a right to light and the path of light is obstructed, then a remedy may be sought through the courts.

morrlaw.com - Rights to Light Misunderstandings | Party Wall Law - Morrisons Solicitors

How long does 4 inches of concrete take to cure?

How long does four to six inches of concrete take to cure? As stated previously, concrete takes approximately 26-30 days to reach its full...

Last updated Nov 22, 2019

How deep do I need to dig in armoured cable?

A minimum installation depth of 450mm underground is typically recommended for best practice. This increases to 600mm in locations where there is a...

Last updated Aug 29, 2018

Can I build my own shed?

Yes, with the right plans you can build your dream shed.

Learn More »

Promotion

Obstruction of window is a breach of planning: Wrong

How a development will affect the path of light to neighbouring properties is often something considered by planning departments when choosing whether or not to grant planning permission. However, once planning permission is granted, so long as the construction complies with the permission and any conditions imposed, it ceases to be a planning issue.

Your land has a right to light: Wrong

A right to light can only be acquired for light passing through a ‘defined aperture’ in a building (e.g. a window). A new construction on a neighbouring property which blocks light to a garden or grounds will not obstruct a right to light unless it also blocks light which passes through a window which benefits from a right to light. My house is 100 years old, it must have a right to light: Wrong A right to light may be acquired in a number of ways, one of which is enjoying the right for 20 years without interruption or permission; known as prescription. So it is true that the longer a building has stood, the more likely it is to have acquired a right to light, but it is by no means a certainty. The window may have been moved during works to the building, or a previous owner may have received some form of permission to receive the light across the neighbouring land, a light obstruction notice may have been registered with the local authority. All of these things may defeat a claim that a right to light exists. If I win in court my neighbour will have to demolish the construction: Wrong If a right to light is obstructed with then the court can make an order that the offending building be demolished/removed to a level where it no longer does this. However, this is a discretionary order and an order to pay damages may be made instead. In making their decisions, the court will take into account a number of factors such as whether the neighbour was made aware of the right before construction, whether there was an unreasonable delay in bringing the claim, the costs of removing the new construction. At Morrisons, we specialise in obtaining and defending this type of application. If you have any questions about the issues raised in this blog, please feel free to contact Matthew Hearsum or Kate Cooper at our Woking office.

How do I get rhino for free?

Try the full version of Rhinoceros for free for 90 days Download your evaluation version here. After 90 days, saving and plug-ins stop working,...

Last updated Sep 23, 2018

Is it better to screw or nail wood?

Screws will keep wood together when faced with vertical force and won't break down when lots of vertical force is applied to them. Nails are able...

Last updated Apr 12, 2019

Promotion

Which side of the fence do I own in my back garden?

There is no general rule about whether you own the fence on the left-hand or right-hand side of your property. So forget any 'rules' you've heard previously that state otherwise – not everyone will own the left-hand side of their fence.

birkdalesales.com - Which Side Of The Fence Is Mine? Exploring Your Boundaries - Birkdale

Perhaps you’ve noticed some damage or rotting to one side of your fence, or maybe it’s suffered against strong winds and blown down overnight. Either way, you’ll want to get it sorted as soon as possible to ensure your property stays protected. But is it your responsibility to arrange and pay for the maintenance? Or does the fence fall on your neighbour’s head? (Not literally – that would hurt). Garden fence responsibility can often be a subject of dispute between neighbours, especially when it comes to knowing where you stand legally. Our first piece of advice would be to talk over any issues with your neighbour calmly, and resolve it between you. However, if they don’t seem interested, it’s always good to know who is legally responsible. In this article, we explore ways to determine which side of the fence is yours to help resolve any issues that may rise with your neighbour.