Crazy laws regarding neighbours trees.

[Shabbas]

Im sure im not the only one with this problem? My neighbour lets his trees overgrow to the point where there massive and blocking out my light. These trees are also well into my own garden. Point is due to illness i cannot cut them as i know im allowed to do. I cannot employ a gardner or tree surgeon to do this as the neighbour will not foot the bill. The law on this seems in favour of the neighbour doing nothing which is what is happening. Is it not about time the law was changed?

[Ghozer]

Blocking out light, is this Sunlight?

 

if that's the case, then there's a legal requirement for your neighbor to cut the tree...

 

There's something called "The Rights of Light Act 1959"

 

The Rights of Light Act 1959 states that if a Property has received daylight for the last 20 years (the minimum prescribed period), they may be entitled to continue to receive that light. This means that if your neighbour builds a large fence or there are large trees which restrict the daylight your Property receives (for example by blocking daylight reaching a window), you may be able to apply to the courts for your daylight to be restored, or for any injunction to prevent a proposed fence being built.

 

If trees have a Preservation Order, this suggests that the Property does not have a Right to Light, as it will not have had a continuous period of daylight for at least 20 years. Usually the only way you can prune a tree with a Preservation Order is if it has become dangerous.

 

There is no right to direct sunlight, only daylight.

Even if you have a right to light, the amount of light is restricted to approximately equivalent to one foot of candlelight - more than most people receive anyway.

You do not have any right to a view which is obscured by trees. Equally you have no right to not have a view if trees previously covered an undesirable feature such as a brick wall.

 

have a look here also...

 

http://www.inbrief.co.uk/neighbour-disputes/trees-blocking-light.htm

[Shabbas]

Thanks Ghozer, that puts a little more light on the subject, pardon the pun. Trouble is one way or the other it still cost time effort and of course money to go down these routes.

[Ghozer]

Thanks Ghozer, that puts a little more light on the subject, pardon the pun. Trouble is one way or the other it still cost time effort and of course money to go down these routes.

 

If it does go down a legal route though, I would guess (but a lawyer could better advise accurately) that fees would be re-couped from your neighbor, as it's his tree/responsibility/fault that route was taken...

[mafya]

Im sure im not the only one with this problem? My neighbour lets his trees overgrow to the point where there massive and blocking out my light. These trees are also well into my own garden. Point is due to illness i cannot cut them as i know im allowed to do. I cannot employ a gardner or tree surgeon to do this as the neighbour will not foot the bill. The law on this seems in favour of the neighbour doing nothing which is what is happening. Is it not about time the law was changed?

 

You can cut any part of the tree that is over the boundary on your side but you have to give him the cuttings back.

You don't need his permission either if he is playing funny buggers just as long as you don't kill the tree off and give him the cuttings or any fruit back as they belong to him.

[Ghozer]

You can cut any part of the tree that is over the boundary on your side but you have to give him the cuttings back.

You don't need his permission either if he is playing funny buggers just as long as you don't kill the tree off and give him the cuttings or any fruit back as they belong to him.

 

But you have to be careful not to just throw the cuttings over the fence/hedge, as that can be classed as Fly Tipping... you have to offer them back, and if they say no then you can dispose of normally...

[apelike]

Is it not about time the law was changed?

 

Not really as you already have the right to cut the bits off but you are restricted by having an illness preventing you from doing so, which is not the neighbours fault.

[Timeh]

But you have to be careful not to just throw the cuttings over the fence/hedge, as that can be classed as Fly Tipping... you have to offer them back, and if they say no then you can dispose of normally...

 

I just bagged it up and threw it back over.

[SportsTrophy]

Why don't you foot the bill to cut your side of the trees/bushes/hedge?

[poppet2]

Similar to neighbours that decide to get rid of their garden fence and grow a privet hedge. They are happy to cut their side of the hedge when it grows, but you have the additional work of having to cut your side.