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Ask ivorylounge Your Own Question
Category: Property Law
Satisfied Customers: 33372
Experience:  Barrister at Self Employed Barrister
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My neighbour has a hedge on his side of the boundary between

Customer Question

My neighbour has a hedge on his side of the boundary between our two properties (both detached). He has allowed it to grow to a trimmed height of at least 2.6 meters and has only cut it in the last 4 weeks at which point it had reached a height in excess of 3.0 meters this being the first time this year it has been cut. IT's height drastically reduces the amount of sunlight falling on my garden. IN addition he has allowed trees in his garden to grow without any pruning and which are now at a height that even when the sun in june is at it's highest they cast a shadow covering a considerable area over my garden and for a considerable time. In conversations with him in the past he has made it very clear that he has no intention of reducing heights of trees or hedge. what rights do i have?
Submitted: 2 years ago.
Category: Property Law
Expert:  ivorylounge replied 2 years ago.
Let me see if I can help you. Firstly if any branches overhang into your garden you are entitled in law to trim or lop off the branches. It is technically a trespass on to your land and you are allowed ion law to chop them down. With respect to hedges they should not be over 2 metres in height where there are two or more hedges. You can raise a complaint with the Local Authority on the basis that this can be classed as anti social behaviour. I hope that this helps. Please rate positively.
Customer: replied 2 years ago.

Thank you for your response which is usefull.

Can you comment please on the other major issue i raised namely the ever increasing loss of sunlight as a result of the ever increasing growth of the trees which start within a meter of my neighbours side of his hedge and which are densely packed together.

I am already pruning back overhanging branches but cannot reach the top 60% of the trees due to their excessive height.

Expert:  ivorylounge replied 2 years ago.
Let me answer that question for you now. You may well be able to claim a loss of light under the Trees and High Hedges Act 2005 applies:where there are 2 or more trees or shrubs over 2 metres high above ground level and which act as a barrier to light; andwhere the reasonable enjoyment of part or all of a property, including a garden or part of a garden, is being adversely affected by a tree or high hedge that is situated on neighbouring land; andwhere the land which is being adversely affected is a domestic property.As such I would suggest that you formally write on this point to the neighbour and invite him within say 14 days to resolve the issue. If he does not then you can of course threaten legal action - but hopefully this can be avoided. Happy to discuss . Please rate positively.