How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask LondonlawyerJ Your Own Question
LondonlawyerJ, Advocate
Category: Law
Satisfied Customers: 818
Experience:  Solicitor with over 15 years experience.
Type Your Law Question Here...
LondonlawyerJ is online now

A neighbour has asked us to cut back the height of long standing

This answer was rated:

A neighbour has asked us to cut back the height of long standing silver birch tree that she claims is blocking her light - I assume onto her garden where it is near a swimming pool. 3 years ago we had the tree pruned of overhanging branches into her garden, at her request, as leaves were going in the pool. What is the legal position regarding her latest request?
Hello, I am a solcictor with 20 years experience. I wll try to answer this for you. If the only issue is shade on the neighbour's garden then she has no rights against you at all and you need do nothing unless you choose to do so.
Customer: replied 1 year ago.

OK, good. And what if it is her house/windows?

Here is a link to the RICS guide to right to light. I am assuming that there are no express covenants affecting this issue on your deeds. As you an see it is in some ways quite technical. She needs to prove that she has had the benefit of a lot of natural light (50% of the lighting) and has had that for some time (20 years usually). However, if the tree was there shading their property when they moved in or has been there for some time (I expect it has as trees take some time to grow) then she has no rights force you to do anything to your tree.
Customer: replied 1 year ago.
Great, thanks.
That's fine. I would be grateful if you would rate my service as I will not get credited if you don't do so.
LondonlawyerJ and other Law Specialists are ready to help you