RE; can a neighbour open a conservatory window on2 our property?

Question

Ok guys. it's not just women who like 2 bite at each other as u say. Men, when rattled over something can b far worse. And no u r wrong in as much as no1 neighbour can do exactly what they want even on their own property as the deeds dictate that. No1 is denying her any air space whatsoever as I said, she has other windows 2 open that don't encroach on our or the other neighbour's property. It is not a fire escape just a standard opening window. Not only is the window opening over the boundary on2 our property so does the sill & guttering do as well. Yes, the world is full of many people far worse off than me and yes, maybe we should all focus on that and not ourselves. However, if life really were that simply then none of us would b on here would we? Thanku SimonC 4 what u have just written. I understand what u say about the trespass bit as that applies 2 all sorts of things ie; over hanging trees & bushes in yr garden which I am sure that most of u would have had experience of in one form or another. What I was not sure of was whether or not that applies 2 a window as well. Some r saying yes 2 the opening of the window on2 our property and some r not. Many thanks once again 4 yr advice believe it or not I do appreciate it.

Answer 1

Assuming the neighbor had planning permission for the conservatory, then the legality of the window should already be established.

Answer 2

If it's not just the window that is over hanging on to your property and it is the sill and guttering as well then yes you can do something about it. People need to apply for planning permission for conservatory's especially if it is really close to your property and you should have a copy of those plans in case you have an objections. If they have done it without the planning permission and it is intruding on to your property then this sounds like a legal matter, i would contact a solicitor to find out what your rights are and where you stand and take some pictures with you, the first hour is free with solicitors so you will be able to get advise wit out it costing you for now and then at least you will find out where you stand.

Answer 3

You can not limit her opening one window because she has others she can open.



Consult your local zoning/planning board and ask their input on the matter. It is either legal or not.



If it is a matter which needed permission of the prior homeowner and they gave the permission, then that permission transferred when you purchased the property (and you said in your original question that this was the case, I believe).



I suggest you look up the definition of the word neighbor. Is the window issue causing such a problem that it is worth this kind of hostility? I just do not get it.



Once again, contact the local planning/zoning office and see what, if anything, can be done.

Answer 4

Yes...and No! The best people to advise are your local planning department. There are rules about how close you can build a conservatory to someone else's boundary but it does depend on the size of the conservatory.



You can probably get a free 30mins from a local solicitor to see what they think.



The key thing to remember is that the legal route, although sorting out who is right and who is wrong, is unlikely to foster good relationships between you and your neighbour. If you get on with them now then it might be better just to put up with it.

Answer 5

I think the owner of the offending window should have asked your permission before having such an opening window installed.They could have had an inward opening window, or even a fixed window installed in their conservatory.I think you should consult a solicitor about your objections now, as over time a right of use could become established. While not much of a problem now, it could become more of one if you need to sell your property.

Answer 6

That would make me so mad! the cheek of her!



Can't you put something in the way so her window can't open? or put something that smell there like your bins! :)



She can not do that as im sure its a health and safety issue.



Try calling your council for advice I bet she doesnt have permission for that kind of

conservatory anyway!



Good luck!

Answer 7

You obviously have asked this before and i didn't see it. I do think it's a little petty unless someone is in danger of walking into it. We have a conservatory and i can assure you,when the sun shines we need every window open plus the door,it gets unbearably hot................

Answer 8

If their window and conservatory are that close to your property are you sure they have the relevant planning for this as it seems to me all a bit strange that the window is that close.

Answer 9

There is no need to create a new question to respond, you can go on your original and click on "Add Details".