OTHER  RIGHTS ?

    From time to time people have experienced problems relating to the natural elements of wind and sunshine. For example, if a new structure on a neighbour's land obstructs the passage of air to a windmill, or interferes with the extraction of smoke from a chimney, or prevents the sunshine from reaching solar panels. Whenever a landowner has attempted to pursue through the courts a claim to a right to air or sunshine, the case has been lost.


What you should do
This is a case where prevention is better than cure. In other words, if you have foreknowledge of your neighbour's intention to build a structure that will interfere with your air and sunshine, make sure you take the opportunity to object to his planning application. This will not guarantee you success, but it is the best chance you have.

This page was updated on 19 February 2001

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The information given on this web site is of necessity of a very general nature and cannot be relied upon to meet your specific requirements. Jon Maynard FRICS cannot be held responsible for any action that may or may not be taken by anyone who accesses this site and acts upon any information found within. Whilst I hope that you may gain benefit from the information in this site, my liability can only extend to specific advice given by me after completion of a formal engagement letter.