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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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i have conifures trees on the left side growning tall, my house

Resolved Question:

i have conifures trees on the left side growning tall, my house is on the corner, i can not see out my window or when i come of the drive you cant see my house
Submitted: 3 years ago.
Category: Property Law
Expert:  Ash replied 3 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

For now please let me know whether they are on your land? If not, how many years has it been a nuisance please?

Customer:

Hi, no its not on land and its been about 3 years max

Customer:

my house is on the corner, so i have the drive way going passed the neighbours house, when i reverse out the trees are getting big, i cant see my house because f them

Alex Watts : Ok so it's gradually been getting worse? How long have you lived there?
Customer:

15 years

Customer:

i did give permission, only for small bushes not trees what grow high, they have lived there over 15 years

Customer:

we own our house aswell as the nighbours do, do you have answers?

Alex Watts :

Did someone live in the property before you had it please?

Customer:

no

Alex Watts :

So the property has only been there for 15 years, the one you are living in?

Customer:

sorry i got question wrong, yes there was only one owner then it was us

Customer:

house is about 25 years old

Alex Watts :

Ok - then you do have a prescriptive right to light. This is gained after 20 years and becomes absolute after 40 years.

Alex Watts :

You need to write to your neighbour and ask him to cut it down within 14 days or say you will go to Court.

Alex Watts :

If he refuses then you should get a Solicitor to write a letter as this often helps. People usually act when they get a letter from a solicitor.

Alex Watts :

If they do not then you can issue proceedings and seek a Court order that the height is reduced.

Alex Watts :

You would need to complete form N1 - http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf

Alex Watts :

And N16a - http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n016a-eng.pdf

Alex Watts :

You are asking the Court for an order that the height is reduced.

Alex Watts :

If the Judge ordered this and the neighbour refuse this is contempt of Court and they can be warned, fined or sent to prison

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

Thanks

Alex Watts :

Can I help with anything else for you today?

Customer:

no, that good for me

Alex Watts :

Great. If I could invite you to rate my answer before you go. Its the button at the bottom of the page

Ash and other Property Law Specialists are ready to help you