UK households are being warned about the rules regarding trees that obstruct sunlight in their homes or gardens. A large tree or hedge planted by a neighbour can often block natural light, potentially leading to disagreements.
Legal experts have now shed light on the possible actions that can be taken in such situations. A team of legal professionals has outlined the specific regulations around this issue and the steps you’re permitted to take if your neighbour’s tree is causing issues.
Spire Solicitors suggest that your options might be more restricted than you expect when it comes to a neighbour’s tree blocking your sunlight. However, there are occasional measures that can be put into place, depending on various factors, according to the Manchester Evening News, reports MyLondon.
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The experts clarify that under current UK law, there isn’t a general right to light in a garden. In layman’s terms, you don’t have an automatic legal right to request that a tree be trimmed back or removed if it’s casting a shadow over your garden, as reported by the Express.
Nonetheless, under the Prescription Act 1832, you do have a right to light in windows and rooms in your house. This suggests that you can take action if light has entered a window uninterrupted for 20 years or more until now, the right hasn’t been waived or altered by agreement, or the light obstruction significantly interferes with the room’s use.
Hedges in a garden -Credit:Getty Images
If you find yourself in any of these predicaments, it’s typically necessary to seek professional assessment and legal counsel. The best initial step if issues arise is to have a calm discussion with your neighbour.
On a different note, if your neighbour’s tree branches extend over the boundary into your property, you are legally entitled to trim them back up to the boundary line. However, you must stay on your own land whilst doing so, as you do not have the legal right to enter their property to carry out this task.
If it’s your neighbour’s hedges that are causing problems with light, you may be able to file a complaint.
This could be the case if the hedge has grown taller than two metres, if it has encroached onto your property, or if it consists of two or more evergreen or semi-evergreen trees or shrubs.