Unfortunately this is not a Party Wall Matter.
The Party Wall Etc Act 1996 relates to works on or near a building on an adjoining owner’s land. It is meant to ensure that damage is not done or, if it is, it can be made good again.
It has no bearing on easements of light, access, air or support to land.
An easement is a right attached to one piece of land (the dominant land) and which affects another piece of land (the servient land).
The right either allows the owner of the dominant land to use the servient land in a particular kind of way or it restricts what the owner of the subservient land can do on his land.
Examples of easements are:
You may need to involve the courts to make a declaration recognising the existence of an easement and its enforcement. For example the owner of the dominant land might seek an injunction against the owner of the subservient land if a right of light has become blocked - in this case by a Party Wall.
There is no legal right to sunlight or even to a view. The amount of light "necessary" as far the law is concerned might surprise and disappoint you.
There are people who are specialists in easements.
Specialist advice is essential before taking action on the grounds of injury to such an easement.
If you need help with Party Wall issues relating to works on your or your neighbour’s property call us for FREE NO OBLIGATIONS ADVICE on 077300 18236 or email firstname.lastname@example.org
Why risk it?
Karmjit Grewal MFPWS
Coburns Party Wall
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