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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 9667
Experience:  I have been practising for 30 years.
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I live backing onto the railway line which is on a slope

Resolved Question:

I live backing onto the railway line which is on a slope coming down from the track to my property. The railway banking has now got overgrown shrubs and weeds that block my light. Until 3 years ago Network Rail regularly cut back this shrubbery but now do not bother. How do I stand
Submitted: 1 year ago.
Category: Law
Expert:  F E Smith replied 1 year ago.

Would you say that it blocks the light to your garden area that it blocks the light into the rooms of your house?

Does it block more than 50% of the light into any rooms?

Does any of the shrubbery and weeds come over the fence or into your garden?

With regard to light, it doesn’t matter whether the light to a garden is totally obscured because the right to light does not apply to anything other than a room in a building. It does not apply to a garden.

Light must be reduced into a building by 50% before it becomes actionable under 50% light reduction is a lot.

If weeds are coming to your garden from the neighbouring land, that his common-law nuisance and you can take court action to make them stop. If trees overhanging your land, you can cut off the overhanging branches.

Can I clarify anything else for you?

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Best wishes

FES

F E Smith and 2 other Law Specialists are ready to help you
Customer: replied 1 year ago.
I have no more questions as you have basically told me I can't do anything by law and that the shrubbery will just just grow taller and taller. Thank you for your answer.