Overlooking lounges

stator

I_have_spoken wrote: »

Here you go...whack in some leylandii. Simples!

I don't think leylandii are exempt from right to light issues.
But anyway, since right to light probably doesn't apply if the room is well lit by other means I would still just stick up a couple of fence panels. Looks like there is room.

Soot2006

Just get all your friends and family to stand and stare into the window every day for hours on end.... neighbours will soon fix the issue themselves.

ANGLICANPAT

Thanks for inserting photo Stator. Think Leylandii right close to anyones property could cause problems with subsidence maybe, even though theyre supposed to be shallow rooted - anyway the patio is very small , only 13ft wide by the length of the next door extension , so big plants would intrude into friends patio quite a lot and lose him quite a lot of his own light too Tempting idea though in principle.

Argghhh

every insurance policy now asks if your house is within x amount metres of trees so it might cause further issues

LandyAndy

kinger101 wrote: »

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Although I'd recommend resolving this amicably as best you can with the neighbours, I feel it's still useful to have the nuclear option open. Afterall, they did something pretty inconsiderate when the place was constructed, so I'd not feel too guilty about sticking a fence up if I were so entitled (and they'd no longer be my neighbours once sold). The only downside is potential purchasers are likely to enquire about neighbour disputes.

See original post. Current neighbours are not the ones who constructed the extension.

moneyistooshorttomention

I_have_spoken wrote: »

Here you go...whack in some leylandii. Simples!

That previous neighbour was very cheeky. I thought it must be the case that this intrusive window actually opens out into the garden of the house concerned. I'm pretty darn sure no planner would approve that, ie because its not allowed to have your "property" intruding into the airspace of someone else's property.

Basically, in the course of a load of googling I have done recently on this sort of thing...we all own the airspace above our properties up to a certain height (ie enough for all normal purposes, such as growing a tree). Hence, no neighbour is allowed to have as much as the gutter on their house (even if a 2 or 3 storey house) intruding into our airspace. So a window opening into airspace at ground level is:eek: more than a little illegal.

Have we still got either of the planning people reading this thread? I'm sure they are likely to confirm that window is simply not allowed to open into that garden and wouldn't have been approved and therefore it looks highly likely a bit of illicit alteration of the approved plan must have happened.

Skelet

That's quite ridiculous looking at those photos. Personally I would pop round mention the issue, mention that it's been identified as an issue by visiting estate agents then inform them you're planning on putting up a couple of 6ft panels, hope that's ok. Hope they can understand your position etc. As long as they don't complaint there is no dispute to speak of.

What other choices do you/your friend have? It would be better not to involve planning or create any form of dispute, granted knowing the exact 'rules' would help. Though in this kind of situation there will be black and white with a sea of grey unbetween.

ANGLICANPAT

Think now that to get best price for my friends property we need to get a definitive legal position on exactly what a buyer could legally do. ie whether a buyer could put a fence absolutely bang up against the extension ( as the extension wall now forms what would be any original party divider fence or wall, any fence buyer put up, however close, would be on his own land) . Secondly , does it completely eradicate the possibility of buyer extending his own lounge? (I suppose it could be done if he narrowed his window to make a piece of wall to start his extension from, but internally it would leave a dogleg of a wall)

My friend has now told me he prefers to just use knowledge of the legal options available(if favourable) to 'aid' the price rather than actually risk upsetting his old friend and neighbour personally by attempting 'remedial' work instigated by himself.

So, its a trip to the planning office for their view and original position if available, a solicitor to attempt a current legal position, and a builder to assess what walling up would cost -or at least reducing window to a horizontal high level strip. Then we would be able to clue up prospective buyer (who may be a developer as property and garden need everything doing) as to exactly whats possible legally. Bit like selling something with planning permission, its always worth a bit !

Thanks again for everyones input , its been interesting.

seven-day-weekend

moneyistooshorttomention wrote: »

That previous neighbour was very cheeky. I thought it must be the case that this intrusive window actually opens out into the garden of the house concerned. I'm pretty darn sure no planner would approve that, ie because its not allowed to have your "property" intruding into the airspace of someone else's property.

Basically, in the course of a load of googling I have done recently on this sort of thing...we all own the airspace above our properties up to a certain height (ie enough for all normal purposes, such as growing a tree). Hence, no neighbour is allowed to have as much as the gutter on their house (even if a 2 or 3 storey house) intruding into our airspace. So a window opening into airspace at ground level is:eek: more than a little illegal.

Have we still got either of the planning people reading this thread? I'm sure they are likely to confirm that window is simply not allowed to open into that garden and wouldn't have been approved and therefore it looks highly likely a bit of illicit alteration of the approved plan must have happened.

Even if that is the case, too much time has elapsed for enforcement action to be taken against them.

Maybe one way is to ask the present owners to glaze the window with obscured glazing - it seems they have an issue with privacy too, hence the net curtains. You can get film that you stick on if they can't afford to re-glaze.

http://www.purlfrost.com/frosted-window-film/#.VKqLWtKsW8A

ANGLICANPAT

Thanks, maybe new owners would do just that, but it wouldnt be enough for me if I personally was buying it , and I think a lot of other people would still be put off too, but of course it will go on the list of possibilities for interested party as everyone will have their own 'limits' of what is acceptable.