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Alex Hughes
Alex Hughes, Solicitor/Partner
Category: UK Property Law
Satisfied Customers: 2415
Experience:  LLB (Hons) and 20 years legal experience
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my neighbours trees are blocking any sunlight getting to my

Resolved Question:

my neighbours trees are blocking any sunlight getting to my garden and also to my livingroom i have spoken to them about this and they say they like the trees like that and they like the sun trap that the trees provide, and are not happy to cut them down to a height that will allow us some sunlight , advice please.
Submitted: 2 years ago.
Category: UK Property Law
Expert:  Alex Hughes replied 2 years ago.
Hi my name is XXXXX XXXXX I'm happy to help with your question today.

What would you like to achieve?
Expert:  Alex Hughes replied 2 years ago.
The options are limited I'm afraid. If this were a high hedge then the Anti Social Behaviour Act would apply. Unfortunately the Act does not extend to overgrowing trees.

Generally speaking if there is a risk of damage to your property you can apply for an injunction for your neighbour to remove the trees and pay for any loss you have incurred. Similarly where there is a restriction of light you can apply to the Court for an injunction. An injuction is a Court order prohibiting a course of action or requiring that something be done.

You do have the right to cut back any trespassing roots or branches. It would certainly be prudent to tell your neighbour what you’re doing so as to avoid any possible claims. In principle, you ought to be able to charge your neighbour for the cost of a contractor to do the work. If any branches or roots have damaged your property, you would be able to claim for the cost of putting matters rights.

A starting point to resolving this issue might be to put your concerns in writing and ask your neighbour to take the action outlined. You could say that if he refuses you will instruct a contractor to carry out the work and pass on the expense to him. If he fails to co-operate you will either have to bear this problem or seek help from the Court.
Alex Hughes, Solicitor/Partner
Category: UK Property Law
Satisfied Customers: 2415
Experience: LLB (Hons) and 20 years legal experience
Alex Hughes and 2 other UK Property Law Specialists are ready to help you
Customer: replied 2 years ago.
when you say restriction of light does that include natural sunlight?
Expert:  Alex Hughes replied 2 years ago.
Correct.
Customer: replied 2 years ago.
so can i insist that they cut them down enough to allow us some natural sunlight in my garden ?
Customer: replied 2 years ago.
,so can i insist that they cut them down enough to allow us some natural sunlight in my garden ?
Expert:  Alex Hughes replied 2 years ago.
Correct.

If they refuse you could get an injunction on the grounds of nuisance.

If you get an injunction your neighbour will have to remove the obstruction.

Your neighbour will also be liable for any expenses or losses you incur.


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