Right to Light

[RER]

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

 

[alittlerespect]

Hi

Your neighbour is relying on the fact that you do not know your rights, even if he's bought the land he has no right to trespass and go about blocking up the window and door to your property.

If you read the deads to your flat you will probably find that you have a right of access to the courtyard (should you so wish) otherwise why have the door there in the first place!

'Right to light' applies to a situation where someone wants to build a wall say to an extension or another building in close proximity to your building and in doing so will block out the daylight to your property!

Your neighbour blocking up your window and door is absolutely absurd and goes way beyond the issue of 'right to light' and your first port of call should be a solicitors. As a minimum he should unblock your window and door and pay for any restitution in returning your property to original condition and maybe pay some compensation for the distress that he has caused - the solicitor who did your conveyancing should be able to advise you!

Regards

 

[OnwardandUpward]

The sale of the courtyard can only be made subject to any rights you have in your Lease.
This is not a right of light issue - that is only if there is no legal link between the two pieces of land.
Look in your lease. Landlord gives you the right of enjoyment of the property and also rights over other areas (not sure on your description but that may have included the courtyard if you had a door there).
Buyer of the courtyard does so with the acceptance of your rights. I am troubled that you have left it for so long as such delay may have affected your ability to have it corrected.
Find rights in lease that you have and write to courtyard owner to demand he re-instates the light.
Lawyer will do this for you but it will start costing. Probably worth it as otherwise your property is devalued.

 

[RER]

Thanks guys. I'll look into it ASAP and report back when i hear more. Let's hope i haven't left it too long!

 

[^woody^]

IIRC, the "right to light" applies to a window or opening which has enjoyed over 20 years of unobstructed daylight. It does not apply to a building generally

The OP may like to use paragraphs to help better reading and understanding of the question/problem, and clarify how another leaseholder has managed to "brick in" the OP's door and window!