Can we legally uncover this window?

[rickandmorts]

Just found out from the previous owners of our house (we've lived here 2 years) that there was another window in the darkest room of our house but neighbours asked if it could be bricked up as it overlooked their garden. Previous owners agreed (no idea why 🫣) if neighbours paid for it to bricked up/ replastered inside. Same neighbours still live there. Can we legally open it up again into a window? It would absolutely transform the room if more light could get in but would no doubt piss the neighbours off.

There is a house above ours that's attached to us (sorry left it off the diagram) but it's the granny flat of massive house next door so didn't think it needed adding

No it wouldn't be a small job to do but we're planning to renovate the living room as we've just done the kitchen so saving up again. So would factor it into the renovations. I don't think planning permissions would be needed but it did happen about 40 years ago.

Excellent diagram OP

I would absolutely put a new window in. In fact I’d see how large I could legally make it!

@rickandmorts I would not ask the neighbour. Just go to the council and apply for a warrant to do the work. the neighbour does not get the opprtunity to object to you reopening the window. the window was there previously so the council wont object to it. to be honest, they had a cheek asking for it to be blocked off in the first place anyway!!

This is exactly what I’d do 😂

I would fit French doors with a Juliette balcony - floating over your neighbours garden - but not actually touching it.

Do you have any right of access to their garden to maintain your property? It’s quite unusual to have a property directly onto someone’s garden. They window fitters can easily work from the inside but knocking out the bricks and tidying up the brickwork would need a small amount of access from the other side.

When you take off the internal plaster you’ll be able to see the outline of the old window. If I were you I would photograph that to prove that historically there was a window there and work to its dimensions for the new window.

We had a blocked up window overlooking the neighbour’s garden, blocked up by the previous owners to add in fitted wardrobes. We unblocked and replaced the ancient single glazed window. Go for it. They can’t stop you.

😂 so would I

Their contract was with the previous owners not you. Your house, do as you wish with it.

This should have been disclosed to you when you bought, along with any paperwork relating to it ( eg agreement backed up by money changing hands. Because I'm wondering why the previous owners would have agreed to this unless there was something in it for them. I think it's likely that they were paid to agree to the work, in which case there may be some kind of binding agreement.

Be ready for the neighbours to plant up against your wall to protect their privacy, which will be become a very dark and expensive window.

Unless they’re planting 12 foot oaks it will be fine.

Also isn’t there a right to light? I’m sure if the neighbours planted something that blocked out the light op would be in a good place to have them removed.

Right, as others have said, check for any legally binding agreements, your conveyancer/solicitor acting in the purchase should have all relevant documents.

Then, when you are satisfied that there is nothing the neighbour can do on a legal basis, either speak to them (Aaaagh!), or write them a letter telling them this is what you are going to do. Out of courtesy mind, not because you have to. Make sure you have started the process somehow so it's beyond the point of no return before you mention it to them. No, don't aske me how to do that, it's just in my head!

This is a great saga. I really hope OP that you will keep us posted on the Window Wars, well it hopefully won't be a war but YKWIM.

As a matter of interest, just because I'm nosey, where is your front and back garden in the WONDERFUL diagram!

Could you not make the other window bigger? It would presumably cost a similar amount to make the opening bigger and fit but avoid the problems with the mansion dwelling neighbours?

I suspect mansion dwellers are the type to think they can do whatever they want if they flash enough cash around. On that basis alone I would be opening the window up.

That's a really good idea! It's a strange layout of house as they're both hundreds of years old and at one point our house would have housed the workers for the bigger neighbouring house. Our small garden has a beautiful bricked up archway which would have led into nextdoor originally.

Thanks for the replies everyone! Looks like I need to do a bit more digging and talk to previous owner about it in more detail. Luckily he is local and I see him quite a bit.

We've thought about this but as the house is so old the walls are MEGA thick so to make the space for a larger window would be major building work and possibly disrupt the foundations of the house. Plus the room is long and dark at the back so probably wouldn't help how dark and dingy it is at the back, just provide more light at the front

If you can see into their garden from your house, they’ll be able to see into your house from their garden.

That's a great course of action, thanks @halava 😁 I will of course keep you posted but it might take a while as it will be part of ongoing renovations which are currently at a halt! I'll try update the diagram to show the garden but might need to draw a new one as I think my scales a bit off 🤣 also off topic but we have a cellar that's bricked up and hasn't had anyone down there for at least 60 years so will do a live thread on that when we venture down!

It's not shown from my diagram but our path is up a hill (as is the road we live on). So our house sits above their garden so it would be more like an upstairs window rather than a ground level. If that makes sense? So unless they're on a trampoline positioned under it (and they're about 70 so I doubt it) they wouldnt be able to see in

I'd like to know what they were doing in their garden that they don't want the neighbours seeing?

Don't ask.

Open it up. It is your house!

If neighbours say anything say you need more light. If they say there was an agreement say that was with the previous owner.

Come on, it's your house!

Oh my, a cellar that is closed up, soon to be opened! How exciting.

I wonder if the underground cavern extends into the Big House where Mrs. Bucket has her residence? I can see it now.... you find a trapdoor and lever it up to face Mr. Bucket in his long johns. There could be a book in this yet!

Right @halava I tried a new diagram but fucked it up spectacularly so have added to my current one. At the front of our kitchen we have a balcony and then a terraced garden below that and if you continue up our path we have a potting shed at the top (it's a wider path than my diagram) and a few flower beds which go past next door's granny flat attached to our house. It's up a steep hill so makes more sense when you see it in person. Sounds a bit hectic but is quaint and lovely in real life 😂 and being so high up means the view off our balcony is incredible!