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Thomas Judge
Thomas Judge, Lawyer
Category: Law
Satisfied Customers: 33037
Experience:  Over 25 years experience in law
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My neighbours tree is now so high we don't get any sunlight

Resolved Question:

My neighbours tree is now so high we don't get any sunlight in our garden from Oct - May. it also affects our television aerial as the satellite signal cannot get through the tree branches.
Submitted: 2 years ago.
Category: Law
Expert:  Thomas Judge replied 2 years ago.
how many trees and do they overhang your garden?
Customer: replied 2 years ago.
See attached photo - not so much that it overhangs it's the height that prevents sunlight getting into my garden.
Expert:  Thomas Judge replied 2 years ago.
The starting point for the law is that any tree or indeed branch which overhangs your land is a technical trespass which allows you to chop down any branches etc. The Rights of Light Act 1959 states that if a Property has received daylight for the last 20 years (the minimum prescribed period), they may be entitled to continue to receive that light. This means that if your neighbour allows the trees to go so high, you may be able to apply to the courts for your daylight to be restored, or for any injunction to prevent a proposed fence being built. Otherwise it is really about exerting pressure on them. If there are more than 2 trees then you can complain to the Local Authority on the basis that the trees constitute anti social behaviour. I hope that this helps. Please rate positive.
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