Question: I bought a cottage that had been extended some time back in the Seventies, and this extension was built along the boundary of the neighbouring property.
However, my neighbour has recently put up a fence and it is completely blocking out the light to our home.
Are they allowed to do this to us?
Answer: In erecting the fence in front of your window, the neighbour has directly interfered with your access to light and air.
The first step would be to discuss the matter with your neighbour and try to come to a compromise, perhaps by lowering the height of the fence in front of the window.
However, if you and your neighbour are unable to agree a solution to the matter, you should check your title deeds.
You should look in particular to see whether your neighbour has a right to build on their land even if it interferes with your right of light.
Where no express right of light is obvious from your title deeds, you would have to prove that the right has been in existence for 20 years, has been used without written consent and without any force.
You may wish to consult a specialist surveyor and a solicitor in order to consider whether to release the right of light you have in consideration of a sum in compensation, or to issue a court claim seeking either an injunction for removal of the offending fence or awarding damages to compensate you for the loss you have suffered.
These answers can only be a very brief commentary on the issues raised and should not be relied on as legal advice. No liability is accepted for such reliance. If you have similar issues, you should obtain advice from a solicitor.