Deeds, covenants and right to light
Discussion
I am planning to (eventually) have a house extension and have a question over our neighbours' right-to-light. They've been in their house for 30 years, so I'm wondering if they have acquired prescriptive rights, or whether their deeds prevent this.
Neighbours deeds said:
4. The Purchaser should not be entitled to any right of light or air
over the adjoining property of the Vendors and the Vendors reserved the
right to lay out and dispose of the adjoining property as they might
think fit. NOTE: The Western side referred to does not affect the land in
this title.
For the avoidance of doubt, our house was the adjoining property of the vendors on the eastern side. As the covenant is from 1926, I think I might be barking up the wrong tree. It's not necessarily vital to the extension, but it'd be nice to have up my sleeve.over the adjoining property of the Vendors and the Vendors reserved the
right to lay out and dispose of the adjoining property as they might
think fit. NOTE: The Western side referred to does not affect the land in
this title.
Breadvan72 said:
Do NOT rely on advice given on a car forum about land rights. Take insured specialist legal advice. PM me for some recommendations.
ETA - If I am reading that correctly its more to do with the neighbours being able to do anything with their land rather than restricting you.It may or may not be effective, allowing for passing of time and whether personal to Vendor or capable of being passed on with a sale.
As BV says if you need to rely on it you do need specialist advice. The devil is in the detail.
Edited by surveyor on Saturday 10th February 11:22
bobthepsycho said:
For the avoidance of doubt, our house was the adjoining property of the vendors on the eastern side. As the covenant is from 1926, I think I might be barking up the wrong tree. It's not necessarily vital to the extension, but it'd be nice to have up my sleeve.
Rather than rely on your rights, why not apply common decency.When we built our extension we were told by both the council and the architect that the rule of thumb used is a 45 degree angle from the centreline of the window, while outer extension could have been argued to block some light, we were well outside that 45 degree line and there was no issue. Occasionally the council may variate slightly in exceptional circumstances such as a very wide window or an odd shape of building.
Thanks for the replies.
I appreciate that a car forum is not the final say in legal matters, but PH is great for finding out where to look for answers or relevant case law.
The 45 degree rule is a good planning rule, but unfortunately a development that meets planning may still fall foul of right to light. My extension would not encroach on the 45 degree line.
It is a side kitchen window that would not be an issue unless the neighbours had not blocked their main kitchen window with their extension. They are in the shadow of our building and always have to have the light on. They have already dimished their available light considerable, but this may legally prevent me slightly reducing it further.
I appreciate that a car forum is not the final say in legal matters, but PH is great for finding out where to look for answers or relevant case law.
The 45 degree rule is a good planning rule, but unfortunately a development that meets planning may still fall foul of right to light. My extension would not encroach on the 45 degree line.
It is a side kitchen window that would not be an issue unless the neighbours had not blocked their main kitchen window with their extension. They are in the shadow of our building and always have to have the light on. They have already dimished their available light considerable, but this may legally prevent me slightly reducing it further.
Is it the law of 'Ancient Lights?'
https://en.wikipedia.org/wiki/Right_to_light
Probably quite complex and could involve lawyers.
https://en.wikipedia.org/wiki/Right_to_light
Probably quite complex and could involve lawyers.
Looking at that extract from the title I suspect that the neighbours have no right to light.
IANAL but I deal with property law day in/day out and have done for 30 years with many millions of £'s riding on it. I would be pretty happy with that title clause, but I would want to see the full title to both and title plans to include the surrounding properties. If I still had doubts I would ask my solicitor to comment.
Rights of light issues are surprisingly rare even in the world of development. In 30 years I have changed 1 design and on one occasion paid some compensation.
IANAL but I deal with property law day in/day out and have done for 30 years with many millions of £'s riding on it. I would be pretty happy with that title clause, but I would want to see the full title to both and title plans to include the surrounding properties. If I still had doubts I would ask my solicitor to comment.
Rights of light issues are surprisingly rare even in the world of development. In 30 years I have changed 1 design and on one occasion paid some compensation.
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