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JGM
JGM, Solicitor
Category: Property Law
Satisfied Customers: 11551
Experience:  30 years experience in property law.
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We currently live next to a property owned by the NHS. We have

Resolved Question:

We currently live next to a property owned by the NHS. We have a small road that separates us. On the outskirts of their boundary are some very large trees which are well in excess of the height of our house. These trees block a significant amount of sunlight. We have written to the trust over 3 years ago and they advised us they would not be cutting the trees as they believed we had sufficient sunlight (not sure how they know that) and that it would cause damage to their trees.
It really is a significant problem and I wonder if you can advise whether we have any rights at all?
Submitted: 3 years ago.
Category: Property Law
Expert:  JGM replied 3 years ago.
Thanks for your question.
High hedges and trees issues at dealt with by the local authority under the anti social behaviour legislation. The local authority has power to make orders where the owner of the trees won't take action and this affect the light etc to your home.
So yes, you certainly have rights.
Here is a link which will help you:
www.gov.uk/government/publications/high-hedges-complaining-to-the-council
I hope that this helps. Please leave a positive feedback so that I am credited for my time.
Customer: replied 3 years ago.
Thanks for reply. Am going to write to trust again can you advise any key acts or legislation that I may be able to cite before I proceed to next stage involving local authority.
Is there a height restriction, the website you directed me to talks of 2 metres , is that just a guideline? The trees I'm referring to are approx 20 metres high (plus)
Regards
Tracy
Expert:  JGM replied 3 years ago.
The legislation applies to hedges and trees above two metres in height.
The legislation you should cite at them is Part 8 of the Anti-social Behaviour Act 2003 which came into operation in England on 1 June 2005.
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