Agree with Metz. I would add that when talking to the Lady I would be tempted to advise her that you are inclined to report to the Police the harrassment of your father. They may see it as a matter for them not to get involved in, but we are talking here of an elderly vulnerable gentleman.
If the van obstructs light, it can unless that person has a "right to light". Many people do not understand how the law works on rights to light. It may assist you if I set out the legalities
A Right of Light has to be acquired before you can claim it. It is acquired either by common law, granted by the Prescription Act 1832, or granted by your Dad or any previous occupier of the house under a written agreement.
If you check the title deeds, and the houses are on a private estate built in the last 40/50 years then there are probably reservations of light over the adjoining properties. So she may have some claim to a right to light. If she does not through the Deeds then look below.
To claim a Common law right the neighbour would need to show that the “light” to her windows has been there since 1189 (What is known as the beginning of the time of legal memory under the Statute of Westminster 1275). So we can forget that unless she has a very old house!
Under the Prescription Act she would need to show a minimum of 20 years uninterrupted enjoyment of light through a window or opening. 20 years enjoyment can be defeated. If she can show 40 years uninterrupted enjoyment of light then she can claim it without challenge. I take it there has never been any claim in the past, so the onus is on her to show 40 years enjoyment of the right to light.
Bet dad never entered into an agreement with her to give her a right of light.
If she can claim a “right to light” that is not the end of it. She has to show that the reduction in light makes the property less fit than it was for its purpose. As you say its light to a bedroom so she is on a sticky wicket here.
Then (another hurdle) there is the 45 degree rule. Draw a line from the mid-point of the sill of the window she claims is adversely affected by the light, at an angle of 45 degrees towards the caravan. If the line touches the caravan it is likely to affect light to the room. Under this rule the van, being only about 8foot high, is going to have to be right up against the window.
So, just look at the physical characteristics, and history of the place and see if she has any of the makings of a claim to a right to light.
Phil
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If you're not on a fell your wasting your feet and for 2014 it's.......Feb Castleton Mar North Yors Moors; Apr Sutton on Sea; May Thirsk; Jun Clapham/Riverside (Lakes); July Wharfedale; August Crakehall; Sept Knaresborough; Oct Wirral Park/Clitheroe
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Topic: Caravan on Drive - Depression
