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G4EBT > LIGHTS 15.01.07 23:16l 137 Lines 5702 Bytes #999 (0) @ WW
BID : EF4233G4EBT
Read: GUEST
Subj: Re: "Right to light" - G4XNH
Path: DB0FHN<DB0FOR<DB0MRW<DB0RGB<DB0PM<OE5XBL<OE6XPE<IW2OHX<IW2OHX<I0TVL<
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Sent: 070115/2100Z @:GB7FCR.#16.GBR.EU #:14439 [Blackpool] FBB-7.03a $:EF4233G4
From: G4EBT@GB7FCR.#16.GBR.EU
To : LIGHTS@WW
Jeff, G4XNH wrote:-
> David, G4EBT:-
> > We have to have the kitchen lights on all day long
> >> when we're in the kitchen as we're overhung by tall trees so these
> >> bulbs get some hammer.
Jeff:
> I am amazed that you put up with it. "Denial of Light" comes under the
> law as you know.
It's not quite that simple in my case Jeff.
I live in a conservation area and the trees concerned are very tall
horse chestnuts and ash, at least 80 years old. They have tree protection
orders on them. They can't even be pruned with the permission of an
arbroculturalist. (They were there when I bought the house).
They're not actually on my land - they are on land belonging to the
university. I don't mind the loss of light, the trees bring the birds
and squirrels. I know a lot of people detest squirrels and cal them
"tree rats" but I think they're quite endearing.
As to the right to light, you're correct Jeff - a Right of Light is
protected in England and Wales under common law, adverse possession,
or by the Prescription Act 1832.
But unlike right to freedom from smell and noise, a Right of Light has to
be acquired before it can be enforced. Natural light is treated in law as
a commodity that can be bought, sold or even transferred between parties.
Rights can be registered, granted by deed or simply acquired by having a
minimum of 20 years enjoyment of light through a window or opening. Once a
window has received over 20 years of unobstructed daylight it
automatically earns itself a Right of Light.
Such rights are, for Land Registration purposes, overriding interests.
They're valid whether or not they're registered on the title deeds to
the property which claims the right.
A building development may be prevented due to a Right of Light, even
if Planning Permission has been granted by the Local Authority.
If a new building limits the amount of light coming in through a window
and the level of light inside falls below the accepted level, then this
constitutes an obstruction.
Unless the owner of the affected window waives his rights he would be
entitled to take legal action against the landowner if he considered
that his light is being blocked.
To complicate matters further, the law recognises that some loss of light
is acceptable and the fact that there's less light doesn't necessarily
give a land owner a right to complain.
The general rules are:
1) The reduction in light must make the property less fit than it was for
its purpose.
2) The amount of "appropriate" light may vary depending upon building, use
and even region.
3) The amount of light considered to be sufficient will tend to increase
as standards of living and expectations increase.
Any kind of 'development' can potentially block light. For instance:
A new shed
Garden walls
Extensions
Part of a new housing or commercial development.
A garden hedge or fence
This may prevent a proposal from the erection of a building or extension
that will significantly reduce the level of daylight to an adjoining
window.
Therefore if a neighbour has a window that might have acquired a Right to
Light it is important to take this into consideration; the neighbour may
have a case for compensation or for negotiating changes to the
development. Most cases usually involve a combination of both. Taken to an
extreme this could mean the removal of offending development.
House extensions are a common cause of right to light disputes as
homeowners may employ a local building firm to extend their property
without appreciating the development could affect their neighbours.
The most common problem is where the neighbour has a window to the side
of their house to which the light is blocked by a high wall. On a small
building project people rarely employ professional advisors and the first
they know of a problem is when they receive a letter from their
neighbour's solicitor.
In any proposed development, it is vital that investigations are made to
ensure that adjoining owners do not have rights which may prevent building
as planned.
Local Authorities tend to adopt various guidelines for assessing right
to light issues. The 45 degree rule is the most commonly used means of
assessment. Overlooking and privacy can be other issues for consideration.
The 45 degree rule usually involves drawing a line from the mid-point of
the sill of a window which is potentially affected by a neighbour's
extension, at an angle of 45 degree towards the extension.
If the proposed extension crosses that line it is unlikely to be
acceptable. While there will be few grounds for exemption from the 45
degree rule where semi-detached or terraced houses are involved, where an
extension is sited well forward of the affected window, and this would
allow more light to reach it, the 45 degree rule may be relaxed a little.
Acknowledging the potential for trouble, most new housing projects
incorporate restrictive covenants (obligations created by the landowner)
which enable the developer to build, but limit the house owner.
So if you buy a house on a development site and subsequently (even after
20 years) a new house is built in a position that interrupts light into
your windows, then you may not have any scope for challenge.
I won't get onto the vexed question of "leylandii rage" caused by
neighbours planting fast growing conifers which are actually forest
trees, as a garden hedge!
It's a well known issue in suburban Britain, about which there is now
legislation to curtail.
73 - David, G4EBT @ GB7FCR
Message timed: 20:39 on 2007-Jan-15
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