Party Wall Rights Of Light

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Party wall rights of light.

Alastair gill has advised clients on a number of large projects such as neo bankside tate modern and crossrail. Many residents of top floor flats assume that they have rights over roofs. A party wall can be used by the adjoining owners for the construction and maintenance of chimney flues and fireplaces. A distinctive feature of a party wall is that the adjacent buildings are so constructed that each derives its support from the common wall.

Rights to receive light over another person s land through particular windows will generally cover sufficient natural light for comfortable or beneficial use of the property depending on whether this is for commercial or domestic purposes. Once acquired the right to light extends only to a certain amount of light such as is suitable for the continuous use and enjoyment of the building and is not a right to all the light that was once enjoyed. If a building owner has a right to light and the path of light is obstructed then a remedy may be sought through the courts. Industry leaders in rights of light daylight and sunlight party wall and neighbourly matters and building consultancy we are expert consultant surveyors.

If the extension is built onto a parapet party wall rights may not be an issue but other issues such as rights to light the impact on services and any disruption caused during construction may require consideration. Thus where each of two persons is seised of a specified half of a wall and nothing more and no right of support or shelter has been acquired by the one from the other such a wall is not a party wall 40. Alastair has over fifteen years experience advising private residential clients. Act 1996 makes it clear that nothing in the act shall authorise any interference with an easement of light or other easements in or relating to the party wall.

A right to light is a right to receive uninterrupted light passing across neighbouring land into a window. Many adjoining owners wrongly assume that a potential injury to their light is a matter that should be discussed by the appointed surveyors. Rights of light party wall. I say wrongly because section 9 of the party wall etc.

Alastair has extensive experience in party wall and rights of light matters and was formerly a senior member of the deloitte neighbourly matters team.