HOMEOWNERS aren’t unfamiliar with boundary issues with next door – but what can you do if a neighbour’s tree is blocking the sunlight coming into your garden?
It comes as a question was raised whether you can make your neighbour prune a plant that takes away your chance of enjoying the sunshine.
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So what are you rights if this happens to you?
This situation can easily lead to a nasty dispute, especially as sunny weather can be quite precious in the UK.
It’s a good idea to find out what you can do before any issues crop up.
Check whether the tree is protected
One of the first things you need to do is to determine if the tree is protected by checking whether there is a tree preservation order or whether it’s in a conservation area.
You can do this by asking your local council to check on the local map of your area.
Then you can discuss with them if there’s any planning restrictions on the tree.
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Speak to your neighbour
It may seem obvious but talking to your neighbours could prevent any escalation of the matter – so explain how it has affected you and ask them if they’re willing to offer a solution.
It will give your neighbour an opportunity to reflect on their actions and can potentially save you lots of time.
But if things become heated and you think you may need to go to court, first consider mediation – it’s not free, but it’s considerably cheaper than going to court.
The Royal Institution of Chartered Surveyors (RICS) and the Property Litigation Association created a mediation service to help neighbours resolve boundary disputes.
RICS also provides a list of surveyors who could assist in boundary disputes.
What does the law say?
You be able to get the tree cut back if it is blocking light from passing through a window or glass door in your property.
Under the Rights of Light Act, if a property has received daylight for the last 20 years, it may be entitled to continue to receive that light.
However, Chun Wong, head of the dispute resolution team at Hodge Jones and Allen solicitors, points out that the right is to “daylight” and not “sunlight”.
“This is usually restricted to one foot of candlelight. There is also no right to a ‘view’,” she explained.
“If you do have a right to light which is being adversely affected by large trees, then you may be able to apply to the court to restore your right or get an injunction to prevent interference with your right.”
There’s another legal route you can take if your light is being blocked by more than one tree with a height of more than two metres.
Under the High Hedges Regulations 2005, you can apply to the local authority for a High Hedge Notice where a hedge has two or more trees and is more than two metres high.
More on issues with neighbours – a Reddit user explained how their property was left in a state after they allowed their neighbours access to their driveway for building works.
Elsewhere, we’ve looked at what you can do if your garden fence fell down in Storm Eunice and your neighbour wants me to pay.
Plus, here are your rights if your neighbour’s garden room overhangs onto your property.
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