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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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We are a school which has hedge boundaries which offer some

Resolved Question:

We are a school which has hedge boundaries which offer some security and privacy to our pupils. Some of our hedges (not Privet) are reaching 3 - 4 Meters in height. We are not an adjoining property as we are separated from our neighbors by a 2 Meter public footpath. He has enlarged his window that is opposite and now says our hedge is affecting the amount of light he gets generally, and the amount of sun, albeit at around 8.00pm in high summer. Are we still obliged to reduce the height of our boundaries at our neighbors request.
Submitted: 2 years ago.
Category: Property Law
Expert:  Ash replied 2 years ago.
Alex Watts : Hello my name is ***** ***** I will help you with this.
Alex Watts : Just to be clear the neighbour made his window bigger? How long has he lived there please?
Customer:

He moved in about a year ago,

Customer:

Am I going to get an answer today?

Alex Watts :

Sorry I have been in Court.

Alex Watts :

But I am now here to help you.

Alex Watts :

No, you don't have to cut the height down.

Alex Watts :

This is because it is his own fault that he does not have light - he enlarged his window.

Alex Watts :

If he had left it the same and then complained that would be different.

Alex Watts :

In any event to claim a right to light he has to show he has been there 20 years and obtained that right.

Alex Watts :

But he did not and does not.

Alex Watts :

Therefore no - you do not have to reduce them down

Alex Watts :

Can I clarify anything for you about this today please?

Customer: Yes sorry I should have realised you may be otherwise engaged. I'm being quoted the High Hedge Law of June 2005, as he is complaining about the general lack of light in his garden as well, could this also be seen as a means of getting me to cut down the hedges?
Alex Watts :

There is no such Act in England and Wales.

Alex Watts :

Scotland yes

Alex Watts :

Does that help?

Customer:

I don't mean to question you but I have just been reading the Trees and High Hedges Act 2005, which of course is not quite the same as I had previously suggested, this is the act he is pursuing.

Alex Watts :

No such Act in England and Wales.

Alex Watts :

I have looked on Lexis (Legal Practice website for cases/law) and Legislation.gov.uk

Alex Watts :

It may have been repealed.

Alex Watts :

Does that help?

Customer:

It would appear to me that you are not too sure about this, and I probably know as much as you now, so I can see no point in continuing. Thank you.

Customer:

I'm of the opinion that this matter is probably not your field of expertise.

Alex Watts :

You have rated poor service.

Alex Watts :

I have said that no such Act exists within England and Wales.

Alex Watts :

It is not on the legal resource websites that we, as lawyers, pay a considerable subscription fee for up to date law.

Alex Watts :

It is also not on www.legislation.gov.uk

Alex Watts :

As I have said it exists in Scotland but not England and Wales

Alex Watts :

Does that clarify?

Customer:

Thank you.

Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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