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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 25358
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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The neighbours conifers are shading my garden aswell as blocking

Resolved Question:

The neighbours conifers are shading my garden aswell as blocking out light from the back of my house I have suggested she gets them attended to but to this day the problem still persists
Submitted: 2 years ago.
Category: Law
Expert:  Joshua replied 2 years ago.
Hello and thank you for your question. I will be very pleased to assist you. I'm a practising lawyer in England with over 10 years experience May I ask how many conifers there are in the line of conifers please?How tall would you estimate them to be roughly?
Customer: replied 2 years ago.
Hi she has 4 or 5 conifers her garden is approximately 120 feet long and only 20 feet wide each conifer is approximately50-60 feet high I do not have an issue with her other conifers but 2 in particularly are about 30 feet from my house and they are approximately 20feet in diameter I have asked her to attend to them but to date has not done anything
Thank you steve
Expert:  Joshua replied 2 years ago.
Thank you. You can cut back any overhanging branches and return the same to the neighbour without her permission. In terms of the height of the shrubs which are not overhanging your garden, there are provisions in the Anti Social Behaviour Act that deal with evergreen shrubs of this type. It provies that if the planting of a high hedge prevents reasonable enjoyment of your property, you can make a complaint to the local authority who have the power to take action under the above Act and can order that the hedge is reduced to a height of no more than 2 m. The Local Authority are entitiled to make a charge for this service which most do but it is not normally unreasonable in amount. A council officer will following a application by you attend to inspect and make a report and will then recommend action. If the council serves a notice to reduce the height of the shrubs, the notice is legally binding on the neighbur and he can be prosecuted for non compliance. There is an alternative approach using the civil law but it is generally less reliable than the above because you have to show that the trees are reducing your light substantively through one or more of your windows (your garden does not count here) and that you have a right to light over your neighbours land. This is generally not straightforward to prove though it often can be done, which was why the government introduced the above legislation to make it easier for neigbours to deal with this type of issue. Accordingly your initial approach is likely to be to contact the local authority's environmental department to enquire as to their charges for an inspection and assuming you are appy with the proposed fee, instruct the council to attend your property with a view to ordering the reduction in height of the shrubs. I hope the above is of assistance? If you have no further questions for now I should be very grateful if you would kindly take a moment to click to rate my service to you today or just reply back to let me know if the above is helpful. Your feedback is important to me. If there is anything else I can help with please reply back to me I'd be very grateful
Joshua, Lawyer
Category: Law
Satisfied Customers: 25358
Experience: LL.B (Hons), Higher Prof. Dip. Law & Practice
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