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Alice H
Alice H, Solicitor/Partner
Category: Law
Satisfied Customers: 2850
Experience:  Partner in national law firm
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Right to light in my back garden. Have been asking my neighbor

Resolved Question:

Right to light in my back garden. Have been asking my neighbor every single Summer to cut back her bushes and tress as no light in half my garden due to overhanging branches. But nothing gets done and this year it is worse than ever. I spoke to her and she said I can remove what is overhanging, then when I did she screamed and banged on the window screaming NO NO. This is outrageous! What can I do next as I read that I am legally entitled to light in my garden and she is clearly not doing anything to control her tress and bushes and have done nothing for years even though I have told her every single summer but nothing! Thanks and regards ***** *****
Submitted: 3 years ago.
Category: Law
Expert:  Alice H replied 3 years ago.
My name is***** and I'm happy to help with your question today.
You are absolutely correct about your rights.
You are entitled to trim back over hanging branches.
It would be better to obtain your neighbours agreement - but it is not essential if the branches are encroaching your property.
If your neighbour continues to act unreasonably you could take legal action under the tort of private nuisance - including an injunction and damages for your losses and expenses.
I suggest a strongly worded letter informing your neighbour of your intention to trim back thr branches and if she refuses to cooperate you will take legal action.
This may result in cooperation but if it does not you are still within your rights to trim back the branches if they are causing you difficulty.
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