Black fence for 'window'


Questioner

I deliberately wrote window in quotation marks because it is not a real window. We live in a detached house of which several were built next to each other. We have a garden in front of...the left of our house and the back. The garden of the neighbor who has the same house starts on the right. There are no windows in the right wall because you would look into the garden of the neighbors. However, during the construction, a 'window' of approximately 70 cm wide and 5 meters high (continues above in the bathroom) was built of glass blocks. You absolutely cannot look through this. We have lived here for 20 years now, but recently new neighbors have placed a black fence in front of the 'window' at approximately 40/50 cm, which means that the incidence of light is now a lot gloomier. Can someone just place a fence in front of an existing window, even if it is on their own property?

Lawyer

Not after 20 years if there was an unlawful situation. The question is whether you are unreasonably hindered by this black attitude. (Article 50 paragraph 4 BW) But you state that there was no view of the other property? In that case you will have to fall back on an appeal to unlawful nuisance from neighbours (Article 37). I don't think you will be able to do that, but it needs to be investigated further.

Questioner

Thanks for the answer. I will adjust my question a bit. It is namely not a black fence but a structure (if I can describe it that way) It is a garden house with a canopy attached to it. with a closed roof. The structure is with the garden house part in the front garden and with the canopy next to our house at a distance of about 50 cm (I estimate) I will add a link with a photo of what the window with light looks like. The first photo is the window of our neighbors on the other side. (no. 18... this is our own garden. ) we live at no. 16.. and number 14 has placed that structure right next to our facade so that we have limited light. It is our living room and my work place. Which undoubtedly will not make any difference for the rules. But I find it terrible to sit in a dark corner now. photo situation: https://prnt.sc/13pwqnm

Lawyer

Yes, that does matter for the rules! In particular, the question of whether there is unlawful sun and daylight deprivation is important, the factor where that is experienced and/or whether that is sustainable. A utility room or sustainable shade is less important than a sun terrace or living room.

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