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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 26070
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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I hope you can help? We bought a house on a lovely development

Customer Question

Hi, I hope you can help? We bought a house on a lovely development 12 years ago, part of the attraction was 6 large silver birch trees along our fence ( about half a metre from the boundary fence on our side ) the trees are lovely. 3 years ago neighbours on the other side sold there house and new people moved in 2 years ago he came round, very aggressive and insisted we cut them down, my reaction was that he bought the house with the trees in the garden and not to come round again. He did come back & this time was more reasonable, he asked if he could get a tree surgeon to cut some height & branches which over hung, we agreed & had no issue, we also allowed the tree surgeon onto our land to work, he said the trees were healthy and in good condition. 2 years later he has again been abusive and insisted they be cut down as they are too high, they want to enjoy sun in the garden. My husband is very patient, he was shouting over the fence and said he had the right to chop anything overhanging, we know this is the case, he said we had to pay, we have no problem & love the trees, it was an attraction to the property. My point still remains that he bought his house 3 years ago with the trees already there, we have no problem with the trees and they are certainly not dangerous, what would you advise and we certainly want to put an end to his aggression and confirm our rights? Thank you
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 if the trees are cutting light to any of his windows in his house (the garden is not relevant legally) please?Do you know if the neighbour has any right to light retained over your land in the deeds?
Customer: replied 2 years ago.

Hi, many thanks for your help. The trees are approximately 8 metres from his house, being birch they let light through anyway and no there is no details of right to light in the deeds. All properties are part of a development built from 2002 to 2004.

Thank you

Expert:  Joshua replied 2 years ago.
thank you. Legal position is there is no right to light in a garden. Rights to light only accrue in respect of light through windows and therefore in order to claim any kind of legal right to light, the neighbour would need to demonstrate that light through his windows is being significantly impaired by the trees and also that he has a right to light over your land. From what you say, he would not be able to demonstrate either of these things. Silver birch trees are not cause by the high hedges legislation introduced by the antisocial behaviour act which allows individuals to take action against neighbours irrespective crops like conifers and leylandii so no action is possible under the antisocial behaviour act. The neighbour is entitled to log back any branches that overhang his property that he must return or at least offer to return any material to you. There is no claim for nuisance in respect of trees under the environmental protection act as statutory nuisance or common-law nuisance. Accordingly, based upon what you say, you are unable would not appear to have any legal redress in terms of the trees. Generally where possible it is useful to attempt to compromise with neighbours because disputes are not generally productive for anybody but this is by no means a legal requirement and from what you say, the name is ***** ***** not conducive to one of compromise or cooperation. From a legal perspective, I cannot see that you need to do or offer anything to your neighbour apart from allowing him to lop back overhanging branches which is his legal right. 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
Expert:  Joshua replied 2 years ago.
I hope the above is helpful? Can I help you with anything else or has the above answered your questions satisfactorily? If you could drop me a quick message to let me know I'd be very grateful.