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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.
May I ask is this just one tree on its own or is there more than one in a group or row together?
Is it causing or potentially causing damage to your guttering?
Do you know if you have rights to light reserved in your title deeds?
Is it reducing the light through your window significantly?
just one. it is causing potential damage. it is reducing light
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?
over 20yrs old. 3yrs approx
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.
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.
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.
If you wanted to do this you can apply using form N16A
Is there anything above I can clarify for you any further?
If I can assist any further as the situation develops please do no hesitate to let me know.
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