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Not looking for a freebie but need a solicitors letter sent to our neighbour regarding a boundary issue and a right to light concern. I could draft a letter myself I suppose but want something more formal.
Not looking at taking it further, just want a paper trail.
Would sooner give the money to a forum member that's in a position to assist.
If anyone can help, PM me please.
Thanks as always guys.
right to light concern.
I always understood that there is no right to light.
There is but it's pretty stringent.
IANAL but my read of that website (from a couple of clickies) leads me to believe there currently isn't a right to light, but there's a group working to create such a right, and have presented a draft bill to government?
Anyway - good luck with the letter, and agree that whether or not this is a law yet, it should be.
Indeed - good luck with it. We have a neighbour behind with 20m+ sycamores blocking light, and the neighbour directly behind with a fence that is 40cm higher than 'allowed', but neither are interested in playing nice neighbours, even with us paying.
The link is about clarifying the existing law which is relies on years and years of case law precedence
The neighbour will have to declare any ongoing boundary dispute when she sells you see...
Don't judge me. We are at our wits end with them.
Indeed – good luck with it. We have a neighbour behind with 20m+ sycamores blocking light, and the neighbour directly behind with a fence that is 40cm higher than ‘allowed’
The fence issue is planning law not a right to light. If it is 40cm higher than permitted development it should have got planning permission. If it's 40cm higher than the planning permission says it should be its a contravention. Either can be enforced either by you or the planning authority.
The neighbour will have to declare any ongoing boundary dislike when she sells you see…
Don’t judge me. We are at our wits end with them.
Don’t hold your breath as Matt says its pretty limited (from a possibly inaccurate memory its something about not obstructing a vertical 45degree of the sky (can’t remember if this is measured from the cill or head of the window).
She still has to declare the dispute to a buyer. That's all I can achieve realistically.
I take it this is the ongoing building matter.
Good luck with it.
Rights of Light Act 1959
The most common way in which a property acquires rights of light is through prescription. Generally, any property having uninterrupted enjoyment of light for more than 20 years acquires rights to light. But this can be defeated if, before the expiry of 20 years, the light is obstructed for one year continuously. Creating a physical obstruction to prevent a property from acquiring rights to light is usually impractical and not great for neighbourly relations! For that reason, the Rights to Light Act 1959 provides a mechanism for creating a notional obstruction by serving a notice on the property owner and registering a local land charge which will then show up on a local search.
From here - Google provides many more examples.
Right to Light is very definitely a thing and I broke very very expensive policies to developers to cover their liabilities should they mess it up.
And I mean 6 figure+ premiums with 6 figure+ excesses for large centre of London developments for eg. It is a highly specialised area and there are dedicated RoL surveyors etc.
The laws date back to the late 1800's from memory.
Don’t hold your breath as Matt says its pretty limited (from a possibly inaccurate memory its something about not obstructing a vertical 45degree of the sky (can’t remember if this is measured from the cill or head of the window).
Window guy told me it was from the centrepoint of window I think?