Right to Light
4:41 PM on Sep. 14, 2010
Filed under: General
I have a questions regarding "right to light". I purchased a 1 bed basement flat 4 years ago. The property is rectangular shape with 2 front windows (living and bedroom) looking towards street which are uninterrupted and a door and small window on the east and west side looking out onto small courtyards. During the process of buying the property a fellow lease holder who is a thick with the (freeholder) purchased the eastern side courtyard. I was made aware of this during the purchase and i wasn't too concerned as i didn't have any interest in buying it as i already have the courtyard on the western side. However, when the other leaseholder bought the eastern courtyard from the Freeholder he also decided to brick in my door and window. He has obviously done this so i can't access the courtyard from my property but in doing so he has also blocked all light from coming in on the east side of the property. As a result, the inside wall of my property has now become very mouldy and there is considerable damage which can be attributed to the lack of light. I have read a few posts regarding right to light and it looks that what they have done is illegal. It's my understanding that the courtyard was purchased properly and the lease deeds updated but surely this doesn't enable him to brick in my door and window?!Therefore, I was curious to know if i have a case against my neighbour and freeholder. The property is well over 100years old and the windows/door would have been there for same time so i'm sure that the 20year rule would apply. Look forward to any advice.RER
4:41 PM on Sep. 14, 2010
Filed under: General
I have a questions regarding "right to light". I purchased a 1 bed basement flat 4 years ago. The property is rectangular shape with 2 front windows (living and bedroom) looking towards street which are uninterrupted and a door and small window on the east and west side looking out onto small courtyards. During the process of buying the property a fellow lease holder who is a thick with the (freeholder) purchased the eastern side courtyard. I was made aware of this during the purchase and i wasn't too concerned as i didn't have any interest in buying it as i already have the courtyard on the western side. However, when the other leaseholder bought the eastern courtyard from the Freeholder he also decided to brick in my door and window. He has obviously done this so i can't access the courtyard from my property but in doing so he has also blocked all light from coming in on the east side of the property. As a result, the inside wall of my property has now become very mouldy and there is considerable damage which can be attributed to the lack of light. I have read a few posts regarding right to light and it looks that what they have done is illegal. It's my understanding that the courtyard was purchased properly and the lease deeds updated but surely this doesn't enable him to brick in my door and window?!Therefore, I was curious to know if i have a case against my neighbour and freeholder. The property is well over 100years old and the windows/door would have been there for same time so i'm sure that the 20year rule would apply. Look forward to any advice.RER