Tree encroaching upon your sunlight causing hassle? Examining your legal position clarified here
In the UK, dealing with neighbour disputes over trees blocking sunlight can be a tricky issue. Here's a guide to help you navigate through it.
Rebecca Lawton, a resident, discusses the problem of neighbouring trees obstructing sunlight in gardens. Before contacting the council, it is expected that the issue has been attempted to be resolved with the neighbour.
If direct negotiation fails, you can seek legal advice or consult your local council. The council typically only intervenes if the tree is protected by a Tree Preservation Order (TPO), is in a conservation area, or if the issue involves a high hedge (over 2 meters tall and evergreen/semi-evergreen), which may be subject to specific complaints and enforcement.
It is important to confirm tree ownership since the owner is responsible for maintenance. If your neighbour is a tenant, you may need to contact the landlord or property owner for resolution.
Legal action may be pursued under statutory nuisance provisions in rare cases, if the tree causes significant problems such as damage or safety hazards. However, this usually requires proof of nuisance beyond loss of light and can involve costs. Seeking legal advice is recommended before taking this route.
Before trimming trees, it is important to consider whether they are under a TPO or in a protected area. If the trees do not pose a safety risk and are not part of an unmanaged hedge, the law may not be on the side of the person seeking to have them trimmed.
It is not possible to force neighbours to trim trees that block sunlight, but it is possible to cut back branches that overhang one's property up to the boundary line. Offering to split the cost of professional tree trimming with neighbours may help resolve the issue.
Morris Hankinson, the founder and managing director of Hopes Grove Nurseries Ltd, a UK-based specialist grower-retailer of hedging plants, suggests communicating politely and calmly with neighbours about the issue of trees blocking sunlight, and providing evidence such as photos.
In the UK, there is a right to light that applies only to buildings, not outdoor spaces. If the neighbour's trees have formed a high-hedge, an application for a High Hedge Notice can be made, but evidence of previous attempts to resolve the issue must be submitted. For hedges over two meters tall and evergreen or semi-evergreen, action can be taken under the UK's High Hedges Legislation. This may provide a case for dealing with overgrown hedges that affect the enjoyment of one's garden or home.
When trimming trees or hedges, it is recommended to use appropriate tools such as hedge trimmers, shears, a step ladder, eyewear, gloves, and long sleeve clothing.
Councils may take action if a tree poses a safety risk to the public. It is generally recommended to start by talking to the neighbour about the issue before taking any further action. Sometimes, neighbours may not be aware of the problem.
In summary, while loss of sunlight alone usually does not justify legal action, you can cut back overhanging branches, try informal resolution, or seek council/legal advice if the tree is protected or causing a statutory nuisance. Direct legal action is possible but typically complex and costly, making negotiation and local council intervention preferable first steps. Fast-growing privacy trees can be a source of friction for neighbours if not regularly maintained.
In the realm of UK's lifestyle, home-and-garden disputes over tree-derived issues, such as blocked sunlight, can be challenging to resolve. Fashion-and-beauty may seem distant from the discussion, but maintaining a pleasant, sunlit garden can be considered a form of enhancing one's outdoor space aesthetic.
