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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 9325
Experience:  I have been practising for 30 years.
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We live at the bottom of a slope with a south west facing

Resolved Question:

We live at the bottom of a slope with a south west facing gardwn. Moved in 9 years ago and had sun in the summer till around 1900hrs. Council planted trees prior to us moving in. They blxok sunlight from around 1500hrs in the summer. Do not encroach on our land etc. Contacted cou cil who will not do anything unless they are diseased or are dangerous. Will this devalue our property or make it less desirable to sell, can we insist that the council maintain them? Many thanks!
Submitted: 10 months ago.
Category: Law
Expert:  F E Smith replied 10 months ago.

The right to light only applies in respect of rooms, not garden.

If there evergreen trees (Leylandi for example) then if they are over 2 m high, you can file a nuisance trees complaint with the local authority to have them cut down to 2 m. It doesn’t apply to deciduous trees.

You are allowed to cut off any branches which overhang the boundary and if you are not capable or don’t want to do that, you can compel the council to do it or get it done yourself and charge the council for the money.

You may have a claim in common law nuisance if the trees are quite simply a nuisance because they are encroaching upon your property.

You may potentially have a claim against the local authority if the trees devalue the house would need to get a valuation for the house assuming that the trees were not there or were trimmed as opposed to how they are now.

Can I clarify anything for you?

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We can still exchange emails. Best wishes.

FES.

F E Smith and other Law Specialists are ready to help you
Customer: replied 10 months ago.
Hi thanks for the reply, most useful. There is an issue with light in our kitchen and one back bedroom in particular, the light needs to go on at 3 to 4 pm in sunny summer afternoons. I will contact an estate agenr to see what their thoughts are. Thanks again