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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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what is the law regarding council owned trees overhanging private

Resolved Question:

what is the law regarding council owned trees overhanging private property and are so high that they have started blocking out sunlight into our garden.
Submitted: 3 years ago.
Category: Law
Expert:  UKSolicitorJA replied 3 years ago.
Hello,

How long have you enjoyed sunshine in your garden before it became blocked and is the blockage substantial or does it only affect a small area of the garden?
Customer: replied 3 years ago.

I purchased the property 26 years ago and have enjoyed sunshine in the garden for around 15 years.But now the trees are so high and also overhang into our property by at least 15ft. This is substantially blocking sunlight from approx. 75% of our garden and is causing problems with damp and moss in large quantities on our lawn which I want to re lay after the trees have been cut back. regards.

Expert:  UKSolicitorJA replied 3 years ago.
Thank you.

You would have acquired an easement under the Prescription Act if the sunlight had been uninterrupted for 20 years or longer, unfortunately, you are short of this time by about 5 years from what you say.

However, a substantial part of your garden seems to be affected and you can say that the issue is causing damp problems which may motivate your council to act. Perhaps you can get a local solicitor to write to the council and ask them to cut back the trees.

Court action is out of the question I am afraid.

Hope this helps
Customer: replied 3 years ago.


Does a law exist regarding the height of these trees.

Expert:  UKSolicitorJA replied 3 years ago.
No.
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