Windows overlooking garden

Windows overlooking garden

Postby Ayshea » Mon Feb 28, 2005 6:54 pm

Hello all,

I have been on the site previously and had some very useful advice regarding windows opening over my garden. The long and short of it is the windows had to be changed back to sliding sashes which is great but still leaves me with the problem of windows that can open that are situated in my garden, therefore enabling the neighbour to look directly into my garden with views un obstructed.

My worries are:
*loss of privacy because when the windows are closed they have obscured glass (obviously when opened that is lost)
*I have three young children that could potentially fit through the windows - it does happen!

Does any one out there have any advice that can be offered - apart from move house?

Aysh
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Re: Windows overlooking garden

Postby Maverick.uk » Mon Feb 28, 2005 8:25 pm

How close to the boundary is it ? I am assuming its quite close, re changing to sash window.

Put up a 6ft fence as close to boundary as possible, unless a right to light is given in deeds.

This will obviously offend so beware.

IMHO Cheers

Mav
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Postby gardenlaw » Mon Feb 28, 2005 10:55 pm

If the widows have been unobstructed for in excess of 20 years and they give light to a habitable room then there is likely to be a prescriptive right to light enforceable by the neighbour. Have you discussed your fears with them?
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Postby guest » Tue Mar 01, 2005 10:21 am

If they have obscure glass already-put a screen up in front of the window(presuming it's ground floor) with sandblasted safety glass in(say within a timber frame/plant around it!) or you can get privacy films of varying desriptions(that they wont be able to see through but will let light through.-they'll get the benefit of fresh air but without your view;and you get a decorative feature that will with p[lanting around fade into the background!.. :wink:
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Postby lulu » Wed Mar 09, 2005 7:59 pm

If the widows have been unobstructed for in excess of 20 years and they give light to a habitable room then there is likely to be a prescriptive right to light enforceable by the neighbour


Gardenlaw,
For clarification, would this apply to premises that have had light for in excess of 20 years but have been only been converted from business use to residential use (habitable?) in the last couple of years?

thanks
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Postby Maverick.uk » Thu Mar 10, 2005 1:58 pm

LuLu

What was the previous use? Animals ?

If so then it was not habitable and (IMHO) therefore has no prescriptive right.

Regards

Mav
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Postby lulu » Thu Mar 10, 2005 6:35 pm

Hi Mav,

No, it was a workshop on the back of a shop front.
(previously no issues with it - passed like ships in the night, rarely seeing each other - now it's been converted to a residence, it's let, and no privacy!)

thanks
Lulu
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Postby Maverick.uk » Thu Mar 10, 2005 9:39 pm

Sounds to me as though it had a change of use. This would have required planning permission. Was this overlooking window not picked up during that? Did you not object?

Dont know if this would count as habitable for commercial use.

Cheers

Mav
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Postby indefence » Tue Mar 22, 2005 7:17 pm

right to light exists regardless of the use of the building it is just the quality of the light received that seems to be different in case law.
If there was a change of use planning application I would have thought the planning authority would have been sympathetic to something being done to the property especially as its use was going to extend past working hours.
The fact that it is a sash window is a real problem as to prevent it being opened you may need to threaten action on the basis of trespass and the sash will obviously open up and done the boundary rather than across it.
The tenants will not be interested in your problem and you may need to try some professional mediation with the real owner.
I would discuss with a mediation service who would normally operate on a voluntary basis to see if they can see a polite way round this.
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Postby despair » Tue Mar 22, 2005 9:43 pm

Free Mediation service !!!!!!!!!

Theres not many of them these days I understand
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Postby indefence » Thu Mar 24, 2005 10:48 am

For Despair
suggest you look at www.mediationuk.org.uk and try and be constructive.
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Postby despair » Thu Mar 24, 2005 12:48 pm

If you actually check out the site and the map and the areas served you will find there are vast areas that are sadly not covered by Mediation UK

There used to be one in our area but when the LA stopped funding it ....it closed and now theres only a pretty expensive paid service

Now there is nothing free over a large area .......i know because i have checked

Also sadly many bully neighbours simply will not co operate with Mediation .......I have that experience too

How much more constructive can one be ?
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