Do you know the type of trees he has planted?
Thank you for your question.
This might concern the right to light.
Let me say first, there is no right to a view.
If this blocks the view,then that is indeed unfortunate, There is nothing in law you can do provided itisnt a nuisance and there is no breach of any consent.
I will add that there is also no right to a TV signal either so ifit blocks a TV signal, you will have to make other arrangements. There is alreadycase law on that.
The right to light is different. If you acquired the right tolight (it depends how old the property is, you may have a remedy.
There is no absolute right to light from across neighbouring land,although this right can be ‘earned'.
Under the Prescription Act 1832 a right to light can be acquiredprovided the light has been uninterrupted for at least 20years. However, thisright applies most commonly to a building, and more particularly, to the windowthrough which the light enters.
The light must be reduced by at least 50% into a habitable room beforethe right is deemed obstructed. Let me tell you now that 50% is an awful lot oflight and most cases it will not even be approaching that in most circumstances.You would need to get a specialist surveyor with experience in right to lightmatters.
BUT, if a title specifically excludes the right to light, there isnothing you can do regarding light . This is most common if your land used tobelong to next door. You would need to check the deeds.
A person cannot make an adjoiningproperty owner cut the trees per se but please see my later comments abouttrespass and nuisance.
Consent is needed to trimdeciduous trees which are protected by a Tree Preservation Order and a licencemay be needed to fell trees which are not protected by a TPO.
Evergreens cannot usually have aTPO.
Regarding evergreens, a complaintcan be made to the council and they will deal with them under the nuisance treelegislation but only with regard to the height. They want £300 fee to start the process and if theyfind that the trees are a nuisance, they can compel a tree owner to cut themdown to 2 m high.
With regard to branches and rootsgrowing boundary, these are nuisance and trespass. The overhanging pieces canbe chopped off as can roots growing underground but they do not belong toanyone other than the tree owner, so the pieces should be given back althoughif they are unceremoniously dumped over their hedge without warning, it is notgood for already fraught neighbour relation
The following are links will giveyou some reading with regard to high hedges and nuisance trees. Don't worryabout where the sites are geographically because the rules apply nationwide.
These are however not evergreenso whilst you can trim overhangs you cannot compel them cut down to 2m high.
Can I help further?
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