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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 25451
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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There is a giant conifer in next doors garden. It is higher

Resolved Question:

There is a giant conifer in next doors garden. It is higher than the guttering on our house and when the wind blows it catches the guttering. It is about 6ft from our house It is blocking the view from bedroom window. It is also overhanging about 4ft over our fence.Our house is now up for sale as we have retired and are worried that knowone will buy the house.
Submitted: 3 years ago.
Category: Law
Expert:  Joshua replied 3 years ago.

Joshua :

Hello and thank you for your question. I will be very pleased to assist you. I'm a practicing lawyer in England with over 10 years experience.

Joshua :

May I ask is this just one tree on its own or is there more than one in a group or row together?

Joshua :

Is it causing or potentially causing damage to your guttering?

Joshua :

Do you know if you have rights to light reserved in your title deeds?

Joshua :

Is it reducing the light through your window significantly?

Customer:

just one. it is causing potential damage. it is reducing light

Joshua :

Thanks. May I ask if your property is more than 20 years old? How long has your window had light reduced by virtue of the tree?

Customer:

over 20yrs old. 3yrs approx

Joshua :

Thanks. To the extent that the tree is overhanging your property you can require that this is cut back or take action yourself to cut the same back providing you return the removed material to your neighbour.

Joshua :

In so far as this does not resolve the potential damage to your guttering you can require the neighbour to remove such of the tree as necessary in order to prevent damage to your guttering on grounds of trespass.

Joshua :

The position with regards XXXXX XXXXX and view is more difficult. The above steps may improve the position to some extent but in so far as it doesn't, there is no legal right to a view. Your house will have acquired prescriptive rights to light through your windows but these rights must be aggressively defeneded and will have by now been lost in terms of the extent to which the tree has already grown. You could seek to restrict further growth by seeking an injunction against the neighbour for further growth but beginning a formal dispute with your neighbour just before you want to sell is probably not ideal.

Joshua :

If you wanted to do this you can apply using form N16A

Joshua :

http://hmctsformfinder.justice.gov.uk/HMCTS/GetForm.do?court_forms_id=402

Joshua :

Is there anything above I can clarify for you any further?

Customer:

no thanks

Joshua :

If I can assist any further as the situation develops please do no hesitate to let me know.

Joshua :

If you have no further questions for now I should be very grateful if you would kindly take a moment to rate my service to you today. Your feedback is important to me. If there is anything else I can help with though please reply back to me though.

Joshua :

I should be very grateful if you would kindly take a moment to rate my service to you today.

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