right to light

[Florimondo]

I have recently purchased a cottage it has an extension built {circa 1969] and is built on the boundary of my next door neighbour.
He has fixed a fence to my wall covering the window depriving me of light and fresh air.
I have asked him to remove it, he refuses and says the previous owner gave him permission
The right to light has not been removed on the title deeds and I am assuming that if this is true it was a verbal agreement.
I have suggested mediation, a different type of window , all to no avail.
Can he legally do this.

Try posting on the legal forum here. Or if you want a better forum altogether search for a place called"gardenlaw" elsewhere online.

thanks for that...first time posting

i cant find legal forum

It’s a subsection of “Other Stuff” In the Talk menu

Quite apart from the light issue, as far as I am aware, he can't fix anything to your wall without your permission.

Difficult one, because I am, in a different situation, 'the neighbour' and we have an annexe from next door built on the boundary line. I don't want to see their windows and I too will be building a fence soon to cover them.
Do you have windows on the other side? If so you still have light access.

Our solicitor advised their right was to build up to the boundary but they do not have a right to stop us building a fence on our boundary.

However, your neighbour probably shouldn't have it attached to your wall. If it's freestanding though they are potentially within their right to do so.

I wrote a reply before realising you have just bought the property. That makes it a lot more complicated.

Speak to the previous owner and find out what they agreed to. Was anything put in writing?

If not, I suggest you draft and take a statement from the previous owner. Write to the owner next door and set out the position and state that you require the fence removing at the points where it is attached to your property. Give them 28 days to do this and have it delivered using proof of posting and receipt.

If they refuse or don't reply, send a further letter. Enclose a copy of the previous letter and demand a reply within 7 days and if they don't reply advise them that you intend to take legal action and that you will be holding them liable for costs in the event it is found in your favour.

If they stand in, then you will have to go down the legal route at £300+ an hour.

The other answer is either yourselves or a contractor, remove the fence where it is attached. Video the whole process and then put them in the position of having to reattach it. Make sure you remove the mountings and fill any holes so they would have to re drill your wall. Put them in the position of taking you to court that I doubt they would do

Good luck

good advice thank you

Might be worth talking to the planning department and seeing if there was planning permission and any restrictions or special exemptions when this extension was built.

planning dont want to know

I think that as the previous owner gave permission this makes your situation slightly easier OP. You can just withdraw the permission.

I would do as MarieG suggests and write to your neighbour (recorded delivery) stating that you require the fence to be removed and if it isn't removed within 28 days you will engage a contractor to remove it.

If you do remove it make sure you video it and offer the fence back to the neighbour, otherwise s/he could accuse you of theft.

Not many people have a right to light written into their deeds so you are quite fortunate in this respect. Also check if you have legal insurance through your building insurance or even through something like union membership.

I'd also suggest you post on Garden law forum - there are many experts on there who could give you advice.

Was the fence up before you purchased the property?