Areas of Law / Property

I live in a semi-detached house and my neighbour has applied to put a patio on top of her single-storey extension which will overlook our garden. My deeds (and hers presumably) prohibit “anything which may be a nuisance or annoyance to the owners of neighbouring property.” Can I use this to prevent the patio being built?

No. The word “nuisance” is a legal term which encompasses anything from damage to your property to smells or noise, but it doesn’’t include actions on your neighbour’s part that you just find irritating! You aren’’t entitled by law to privacy in your garden, but planning permission will almost certainly be required for what is known in planning circles as a “veranda”, and your objections would probably be taken on board. I suggest you discuss this with your neighbour.

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