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Yes, indeed there is. The Rights of Light Act 1959 is a legal easement, which gives a property owner the right to enjoy the light passing over someone else’s land and through their own ‘defined apertures’ (windows).
The law goes back to the Ancient Lights Law under the rule of William IV, which was superseded by the 1832 Prescription Act. However, not all properties are entitled. A property acquires entitlement through ‘prescription’; that is, if the property has had uninterrupted enjoyment of that light for the last 20 years. If this is the case, then the law should apply.
One thing to bear in mind is that the Act relates not to direct sunlight, but to a minimum level of natural illumination.
It would be sensible for your neighbour to approach you with their extension plans, especially if it poses any cause for concern in this regard. Any major plans must be submitted to your local planning authorities, who use either the ’45 degree’, or the ‘50:50 rule’ to measure the likely impact of a proposed development on light to neighbouring properties and will raise a flag if they foresee any issue.
As a last resort, you could take legal action and if successful, there are a couple of possible outcomes – either you receive compensation, or they may be ordered to demolish all or part of their extension, which could prove extremely costly for them and would be better avoided for everyone involved.
First and foremost, I would advise you to have a chat with your neighbour, see the extension plans, air any worries you have, and they will probably set your mind at rest. If you still have reservations, you could consult a surveyor for their professional opinion on your individual case.
If you’d like any information on this, or if you have a different question, just let us know and we’ll be happy to help!
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Yes, it’s very normal. Leaving a set of keys with your agent has several practical advantages.
Firstly, it’s a lot easier for them to conduct accompanied viewings on your behalf. They will want to be as accommodating as possible to prospective buyers, and with a key, they can book the viewing appointment whether you’re going to be home or not – obviously with your prior consent. You probably wouldn’t want to be making the trip to their office every time there’s a viewing to drop off a key - and it’s a lot safer than leaving one under the mat!
And for you, leaving a key with your agent basically enables you to continue leading your normal life, despite your home being on the market. It does mean keeping the house clean and tidy, but you’d need to do that anyway to show it in its best light to every prospective buyer.
If you’re concerned about the security of your key and your home, relax. As part of the duty of care for our clients, all agents who undertake to hold keys are legally required to have clear procedures in place to eliminate any possible risk. So, all keys will be stored in a secure location - generally an office safe or strongbox. As an added precaution, keys will only be tagged with a reference number. The list identifying which number goes with which property will always be kept separately - either elsewhere in the office or in a different location altogether. So, even if by some chance your key were to fall into the wrong hands, it would be almost impossible to link it with your property.
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Boundary issues are not all that common, but disagreements can quickly escalate so should be dealt with as quickly and as diplomatically as possible.
You don’t give a reason for asking, so here’s a few scenarios…
Most often, neighbourly disputes are over the ownership of fences. This isn’t always clear on Title Deeds or Land Registry plans, so the quickest, easiest and cheapest solution is to ask others up and down the street. A pattern should emerge, enabling you to determine which fence belongs to which property. If not, factors like the previous maintenance history can be considered. It’s also worth checking the Property Information Questionnaire completed for your conveyancer by the previous owner.
If a neighbour has moved a boundary fence, that is of more concern. It may be a genuine mistake or agreed with a previous owner of your property, but if not, you are within your rights to ask your neighbour to move the fence back to its original position.
Spreading/overhanging vegetation can also cause problems. Here, the law entitles you to trim it back to the boundary line, so long as you don’t trespass in doing so. The cuttings still belong to the tree owner, so should be offered back to them and if they don’t want them, it’s your responsibility to dispose of them. Ensure trees aren’t subject to a TPO, or that you’re in a Conservation Area, and bear in mind that you’d be negligible if the tree becomes damaged as a result.
The same principle applies to overhanging fruit – it belongs to the tree owner so if you pick it, it should be offered back to them. If not, it’s considered theft under the Theft Act 1968.
Conversely, leaves fallen from a neighbours’ tree into your garden are your responsibility – you have no right to ask them to come and sweep them up.
Whatever the dispute, first try to resolve it calmly and reasonably with your neighbour. If all else fails, you could take the formal route via a solicitor but in most cases, there’s a compromise to be reached.
For more information, or if you have a question, get in touch on 01392 204800 and we’ll be pleased to help.
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Legal indemnity insurance basically provides financial protection to a purchaser, seller and lender against the possibility of financial loss or third-party claim arising from any shortcoming in the conveyance. Since you have been recommended to take out this cover, it suggests that your solicitor has identified a potential problem.
Indemnity policies can cover a whole range of legal irregularities that are usually low risk and either can’t be resolved or would be very costly/time consuming to do so - cases involving a possessory title, lost or poorly-worded legal documents, issues of access, lack of planning permission or building regulations certification, etc.
Policies can also cover losses or claims arising from more unusual legal anomalies or risks involving flying freeholds, rights of light, restrictive covenants, chancel repairs, properties on unmade roads, and absent freeholders, for instance.
If it is possible to solve the underlying problem then it’s always best to do so, of course, but if this simply isn’t an option then the legal indemnity insurance mitigates the risk of any future legal challenges and enables the transaction to proceed in the normal way.
Once it is arranged and paid for, indemnity cover runs in perpetuity so can be transferred from owner to owner. It benefits the seller as well as the buyer, so there is an argument for each of them to pay the premium.
However, taking out a policy will undoubtedly minimise the timescale of the conveyancing process for your sale, so it’d be advantageous to get it in place sooner rather than later. The cost varies depending on the policy, but cover typically costs between £20 and £300.
If you’d like any more information, or you’d like to discuss specifics, call us on 01392 204800.
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