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LondonlawyerJ
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Category: Law
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Experience:  Solicitor with over 15 years experience.
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A neighbour has asked us to cut back the height of long standing

Resolved Question:

A neighbour has asked us to cut back the height of long standing silver birch tree that she claims is blocking her light - I assume onto her garden where it is near a swimming pool. 3 years ago we had the tree pruned of overhanging branches into her garden, at her request, as leaves were going in the pool. What is the legal position regarding her latest request?
Submitted: 9 months ago.
Category: Law
Expert:  LondonlawyerJ replied 9 months ago.
Hello, I am a solcictor with 20 years experience. I wll try to answer this for you. If the only issue is shade on the neighbour's garden then she has no rights against you at all and you need do nothing unless you choose to do so.
Customer: replied 9 months ago.

OK, good. And what if it is her house/windows?

Expert:  LondonlawyerJ replied 9 months ago.
Here is a link to the RICS guide to right to light. http://www.rics.org/Global/RICS%20Right%20to%20Light.pdf I am assuming that there are no express covenants affecting this issue on your deeds. As you an see it is in some ways quite technical. She needs to prove that she has had the benefit of a lot of natural light (50% of the lighting) and has had that for some time (20 years usually). However, if the tree was there shading their property when they moved in or has been there for some time (I expect it has as trees take some time to grow) then she has no rights force you to do anything to your tree.
Customer: replied 9 months ago.
Great, thanks.
Expert:  LondonlawyerJ replied 9 months ago.
That's fine. I would be grateful if you would rate my service as I will not get credited if you don't do so.
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Experience: Solicitor with over 15 years experience.
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