Read more articles in: Blog, Louise Brough, News

Your guide to rights to light, rights of way and boundary disputes

When you are buying or selling a house, there are plenty of things that can trip you up, but property disputes can be a serious headache.

Some of the most common issues we come across are:

Rights to light
Rights of way
Boundary disputes

Louise Brough, our Senior Conveyancing Executive, says: “Understanding these tricky areas of property law could save you a lot of stress and, frankly, help you keep more of your money down the line.”

Rights to light: More than just a nice view

You might not think much about the light coming through your windows, but it is a bigger issue than you would expect.

“Rights to light are a form of easement that can be acquired over time or granted in the property title – basically, your neighbour cannot just throw up a big extension that blocks all the sunlight flooding into your lovely new kitchen,” Louise explains.

“If you have had light coming through certain windows for over 20 years, you may have a legal right to that light.

“But there is a catch: not every block of light is illegal.”

There is a bit of a balancing act going on between the rights of the neighbour wanting to build and your right to enjoy natural light.

A specialist surveyor is often needed to measure how much light is being obstructed to determine if your rights are being infringed.

If you are buying a house, it is always worth checking out any potential nearby developments before committing.

Rights of way: Getting from A to B

Louise says: “Another common dispute we see is over rights of way.

“Imagine you have just bought your dream home, only to find out your neighbour has the legal right to walk across your garden whenever they fancy!” she explains.

Rights of way, like rights to light, are another form of easement, and they allow someone to cross a part of your land.

Sometimes these rights are written down clearly in the title deeds, but other times they can be less apparent and require investigation.

So, if you are buying a property, make sure you know if any rights of way exist.

They might not always be a dealbreaker, but it is definitely something to consider – especially if that pathway is more of a motorway for foot traffic than a quaint country lane.

“If you are the one with a right of way, bear in mind that you cannot just use it how you like,” Louise says.

“There are usually conditions attached, like specific routes or restrictions on what you can carry across the land.”

Boundary disputes: Where does your land end?

One of the most frustrating aspects of property ownership is not knowing exactly where your land ends and your neighbour’s begins.

You would be surprised how often the position of a fence or hedge can spark a full-blown legal row.

A lot of these disputes come down to poor records or even simple misunderstandings.

Title deeds might be vague, or boundaries might have shifted over the years.

Our advice is to get a proper survey done when you are buying a house.

If you are selling, it is always worth making sure your boundaries are in order to avoid any disputes cropping up later.

Boundary disputes can get pretty emotional too – after all, it is your home, and no one likes feeling like their space is being encroached upon.

“If you do end up in a dispute, try to resolve it amicably first – legal battles can be long, stressful, and expensive,” says Louise.

“But, if that does not work, your solicitor should be your next port of call.”

Prevention is better than cure

Whether it is rights to light, rights of way, or boundaries, the key to avoiding property disputes is preparation.

When buying a home, make sure your solicitor thoroughly checks everything during the conveyancing process.

If you are already a homeowner, it is worth being aware of potential disputes, especially if you are planning on making any changes to your property.

Do not be afraid to ask questions, and do not assume things will just work themselves out.

When it comes to property, a little bit of legal advice early on can save you a lot of grief later.

If you’re in doubt or find yourself facing one of these issues, feel free to reach out.

Louise Brough

Senior Conveyancing Executive

With more than 20 years’ experience in conveyancing, I began my career working in-house for a mortgage lender in repossession sales, before moving into private practice in 2000, acting on behalf of developers, landlords and private clients.