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Joshua
Joshua, Lawyer
Category: Property Law
Satisfied Customers: 25358
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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My next door neighbour in a rural village is planting young

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My next door neighbour in a rural village is planting young chestnut, beech, hawthorn and fruit trees approximately in three rows some 12 foot deep starting 4 foot from my dry stone wall which is some 30 yards long. The trees themselves are not more than 3 foot high and are spaced from 6 to 12 foot apart from each other. Is this allowed under current legislation?
Submitted: 1 year ago.
Category: Property Law
Expert:  Joshua replied 1 year ago.
Hello and thank you for your question. I will be very pleased to assist you. I'm a practising lawyer in England with over 10 years experience.

May I ask if you fear damage to your wall from roots please or loss of light to any property you may have nearby?
Customer: replied 1 year ago.

The view I believe cannot be taken into consideration nor the loss of light, but I am primarily concerned with the root damage to the wall.

Regards

Expert:  Joshua replied 1 year ago.
thank you. you are quite correct that there is no right to a view in English law. it is possible to have a right to light over your neighbour's land if you can demonstrate that your property has enjoyed that light for 20 years or more continuously or if you have an express right to light over the land contained in your title deeds. It is not possible to obtain or acquire a right to light for your garden, but rather only through a window in a dwelling. If you can demonstrate that the trees will actively reduce light through any window in your property which has enjoyed light over the neighbouring land for 20 years or more or you have an express right to light in your title deeds, you can seek to restrain your neighbour if necessary using an injunction from interfering with your rights to light.With regards ***** ***** damage in order to make a claim for root damage it is neceesary to establish any future damage was caused by the tree in question. If this is accepted by your neighbour this is straightforwrard but if not, unless it is painfully obvious that the roots emanate from the neighbours tree, it may be necessary to obtain an experts report to confirm the position. This can be done in consultation with the court if you were to issue proceedings and there is scope to recover costs for an experts report obtained with the permission of the court.Having established the above you then need to demonstrate that either the neighbour knew of the damage being caused and failed to do anything about it or he ought to have known that damage was likely to be caused by a tree so close to structures on your property. If you cannot show that he knew about potential damage before it occured or failing which that damage to your structures was only a vague possibility a claim will likely struggle. However if the tree is very close to your boundary risk of damage to your land will normally be deemed foreseeable as the neighbour will normally be deemed in such circumstances to have ought to have reasonably known, that reasonable remedial expenditure may be recovered by you as the neighbouring owner. In this case of course, as you are dealing with the matter well before any damage has been caused, there is a simple device whereby you can simply serve notice on the neighbour that you consider his planting of trees so close to your wall to pose a danger to your wall and ask him to consider removing them away from your wall failing which you reserve your position entirely in respect of any damage that is caused to your wall and will monitor the situation closely. You may reserve your position in respect to but not limited to the cost of bringing an end to the nuisance, such as the cost of pruning back the roots of the tree if the neighbour fails to to take steps within a reasonable time to do so; the loss suffered as a result of any reduction in value of your property - this may be releant particularly in relation to subsidence claims which is unlikely to apply here from what you say; the cost of remedial works that may be required; experts fees, such as those of an arborist or surveyor.It would be important to keep a copy of any letter you send to the neighbour in order that you can prove that you made the neighbour aware of the issues at an early stage. If delivering personally, you may wish to make a note of the date and time the letter was delivered but you also may wish to include a further copy either by email or by post keeping a copy of your proof of sending receipt in your files for future reference.I hope the above is of assistance? If you have no further questions for now I should be very grateful if you would kindly take a moment to click to rate my service to you today or just reply back to let me know if the above is helpful. Your feedback is important to me. If there is anything else I can help with please reply back to me I'd be very grateful
Joshua, Lawyer
Category: Property Law
Satisfied Customers: 25358
Experience: LL.B (Hons), Higher Prof. Dip. Law & Practice
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