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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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