Right to light

Right to light

Postby Ken1 » Mon Sep 10, 2012 1:35 pm

Hi
I have on my deeds a right to light. I can't think of the exact wording right now, but it says on the deeds that the houses on higher ground (these are behind me) can't do anything to affect my light.
My garden goes up in three levels, the highest level is the same as the houses behind me. There is a 6'6 fence (not sure who own this but it causes no issues) then the other side of the fence are a row of Leylandii trees which are very tall and blocking light from my kitchen.
What I am wondering is, is there a level of lighting that is deemed acceptable when it comes to a right to light?
Thank you
Ken1
 
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Re: Right to light

Postby Treeman » Mon Sep 10, 2012 1:48 pm

You need the exact wording but there is probably nothing you can do under the covenant

Have a look at the high hedges legislation
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Re: Right to light

Postby LittleTinka » Sun Sep 16, 2012 6:22 pm

Hi Ken,

I had similar issue a year or so back with a neighbour. Had some really useful advice from contributors on here and decided that as I didn't really know the neighbour, I put a note through the door with my phone number and address, asking if they could give me a call re the leylandii.

Three days later a woman called, and I expained that the hedge (trees!) were causing some issue for me, invited her to come round for a coffee and have a look and see if we could sort something out. She apologised, explained about a few personal issues she had been having and then said she would get it sorted out. Two weeks later they were completely thinned out, the branches that were overhanging were completely cut back and no more problem.

Not the solution in all cases I am sure, but I did feel that rather than confront on the doorstep, a note gave them a bit of thinking time and in this case it worked.

Really hope you find a solution.

Tinks
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Re: Right to light

Postby ukmicky » Sun Sep 16, 2012 8:40 pm

You have a restrictive covenant.

A restrictive covenant prevents them from performing an action that would infringe on your rights,which in this case is a right to light.

The tree is growing and blocking out light through natural means and no action is required by them to aid its growth so they are not performing an action that infringes on your rights.

The covenant if it could be used to cover force the removal of the natural growth of a tree would be positive in nature as it would mean forcing an action on the tree owners.

This form of covenant cannot be enforced in these circumstances.

It is different to an action forcing them to remove an unnatural obstruction like a extension that was erected and infringed on your right to light.

There is however the high hedge law which may help.
Advice given is not legally qualified and you are advised to gain a professional opinion
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Re: Right to light

Postby arsie » Sun Sep 16, 2012 10:39 pm

As others say. But out of interest what is the exact wording of the covenant?
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Re: Right to light

Postby Ken1 » Sun Sep 23, 2012 11:14 am

Hi
This is the extract from the title register
"Part 1 - Rights Granted
5. Light and Air
The right to unimpeded access and enjoyment of light and air to all windows in the buildings now on the category B properties from or over the retained land"

this is also mentioned in Part 2 - Exceptions and Reservations

Hope this helps
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Re: Right to light

Postby ukmicky » Sun Sep 23, 2012 8:00 pm

My post with spelling errors above still stands
Advice given is not legally qualified and you are advised to gain a professional opinion
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