Have You Heard Of The Right To Light Act?
Homeowners in Durham are typically pleased when the sun shines. However, if your neighbour’s tree is overgrown and obstructing sunlight from reaching your garden or windows, is likely to cause dissatisfaction.
The team here at PIIM Property have a few tips to help you deal with this problem should it arise.
You can’t force your neighbour to chop down their tree. The only time you can get a tree chopped back is if it blocks the light from entering one of your property’s “defined apertures”. Examples of defined apertures are windows or glass doors.
Although there is a piece of legislation called the “Right of Light Act”, many legal claims are rejected. Deciduous trees and trees that allow some sunlight through the branches and leaves won’t usually be covered.
How Many Trees?
An important distinction is whether the problem is caused by a single tree or multiple trees. If you’re bothered by just one tall tree, your only real option is to discuss the situation with your neighbour.
However, if two trees (or more) stand at least 2m above the ground level, the 2005 High Hedges Regulations in the Anti-Social Behaviour Act may come into play. You can approach the local council and ask for a notice to be issued asking your neighbour to reduce their trees height.
Is The Neighbour’s Tree Potentially Dangerous?
If a tree is overhanging your garden and could potentially be dangerous to your property or family, it may be deemed a nuisance. The local council who can then take action for you. Alternatively, you could make a county court private nuisance claim, but this could be expensive and you may lose your case.
Can I Cut Down The Neighbour’s Tree?
Cutting your neighbour’s tree yourself may seem like the ideal solution, but it could cause you legal problems. It may be subject to a tree preservation order, or be located in a conservation area. Although you have some common law rights to prune a tree, it’s wise to be cautious.
You may face a liability claim if you damage the tree, therefore employing the services of an arborist is recommended. You must return the pruned branches to your neighbour or reach an agreement about the disposal of them.
If you’re considering looking for a new home with a lighter aspect, don’t hesitate to pop over to our website at www.piim.co.uk and see some of the properties in County Durham for rent. We can help you find the perfect property.
