Legal experts have shared the rights you have if your neighbour’s tree is casting a shadow over your garden – and there are a number of things you might be able to demand
Home owners often lose sunlight due to a neighbours tree(Image: Joanne Dale via Getty Images)
Legal professionals have shed light on the course of action when a neighbour’s tree obstructs your sunlight. As Britons bask in the unusually warm and sunny weather this summer, many will be spending considerable time in their gardens soaking up the rays.
However, some may encounter problems or become irked when they find that their neighbour’s tree is blocking the natural light entering their gardens. A team of legal experts has clarified the regulations surrounding this issue and what steps you are entitled to take if you have a problem with your neighbour’s tree. According to Spire Solicitors, an East Anglia-based law firm, your options might be more restricted than you anticipate when it comes to a neighbour’s tree obscuring your sunlight.
However, there are certain measures that can occasionally be taken, depending on various factors. It comes as gardeners are being urged to ‘act now on weeds ‘before it’s too late’.
The specialists clarify that under current UK law, there is no general right to light in a garden. In simple terms, you don’t have an automatic legal entitlement to demand that a tree be pruned back or removed if it is casting a shadow over your garden, reports the Express.
However, under the Prescription Act 1832, you do have a right to light in windows and rooms in your home. This implies that you can take action if light has entered a window uninterrupted for 20 years or more until now, the right has not been waived or altered by agreement, or the light obstruction significantly interferes with the room’s use.
If any of the aforementioned situations apply, it’s typically necessary to seek a professional evaluation and legal counsel to substantiate it. The optimal approach when problems arise is to initially engage in a composed conversation with your neighbour.
Should your neighbour’s tree branches overstep into your property, you are legally entitled to trim them back up to the boundary line. It’s crucial that you remain on your own land whilst doing so, as you do not possess the legal authority to step onto their property to perform this task.
In the event that it’s your neighbour’s hedges causing issues with light, you may be able to lodge a complaint. This could occur if the hedge has grown beyond two metres in height, if it has trespassed onto your property or if it consists of two or more evergreen or semi-evergreen trees or shrubs.
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