Height of neighbour trees

[Amelanchier]

I suspect it gets taught because it is the only apparently relevant law that relates to the perennial problem of the public perception of a right to light. I was paraphrasing Charles Mynors above but the issue is also raised in Arb Practice Note (APN) 11 which I have attached (see page 5)

 

The problem lies in defining 'interruption' and being able to determine the point in time at which the tree blocks the light, even leylandii (unless civic trees turn up with a tree spade) will take several years to shade out a ground floor window - at which point your right (or easement) has been forfeited.

 

In any case, for those kind of extreme situations, we have a more recent bit of legislation in the form of Part 8 of the Anti-social Behaviour Act 2003 (aka the high hedge legislation) that relates indirectly to light and the most significant contributors to related neighbour disputes.

 

IMO it would be a brave and well funded legal team that would even think to try and bring an action using the prescription act.

APN 11 Trees and hedges in dispute.pdf

[jed001]

Mmm...BUT..everyone has a right to enjoy their home and there are civil laws to safeguard that. Leaving APN apart, civil proceeding could very well be served on your neighbour ref their trees that prevented light from entering your premises. Yes building regs stipulate sizes of windows, opening lights etc but the essential element here is that. 'the continued presence of the obstruction of the trees to your premises does affect your 'enjoyment'.

The term 'enjoyment' can refer to: light in your windows, grow vegs in your garden, sunbathe on your patio etc etc. Had I been in this situation I would most definately instruct serving proceedings if/when diplomacy failed...