Has anyone heard of:

[slack ma girdle]

A formula for the height of trees in relation to windows ?????

 

A customer of mine has received a letter from next doors solicitor saying that the trees are too large and too close to their windows, and that by law they have to be taken down.

I have not heard of this, and think that they are trying to pull a fast one.

 

As usual helpful or other wise advice is appreciated.

[tree79]

didn't think there was any law on the right to light.

May be he's confusing it with the high hedges.

I would ask the solicitor what law is being broken and await a response

 

what is the tree and size/distance in question?

[aspenarb]

Probably covered by the ancient lights act if they have enjoyed light in the years gone by and no longer do because of the hedge/trees.

 

Ancient lights legal definition of Ancient lights

 

Bob

[slack ma girdle]

didn't think there was any law on the right to light.

May be he's confusing it with the high hedges.

I would ask the solicitor what law is being broken and await a response

 

what is the tree and size/distance in question?

 

Trees range in size and distance, the closest is 6' away, and 15' in height. It is outside a frosted bathroom window.

The furthest is 60' away, and 45' high, and is also the biggest.

[slack ma girdle]

Probably covered by the ancient lights act if they have enjoyed light in the years gone by and no longer do because of the hedge/trees.

 

Ancient lights legal definition of Ancient lights

 

Bob

 

Cheers Bob.

[sloth]

The 'right to light', as far as I am aware, would not apply to any tree unless it was a tree large enough to block light at the time of planting; and even then I'm not aware of this ever happening. The right is acquired, I think, after having had uninterrupted light for over twenty or so years. Given that a tree would have very gradually interrupted light as it grew, I don't believe the person claiming nuisance is being caused would have any basis for suing the tree owner under this law.

As far as I know the only legislation governing distance of neighbouring trees/hedges from windows is the high hedges act, and it doesn't sound as though that applies here.

[Gary Prentice]

This right to light wasn't intended to be used for trees and IIRC Mynor doubts it could be used successfully in court.

[NoRush]

Daft question but does the solicitor on the paper exist and have they spoke to them. I'm just curious why they have gone straight to solicitors and not asked the neighbours direct or even by a letter. Unless they have previous

[slack ma girdle]

Cheers for the replies peoples.

[tree79]

Think maybe there trying it on, you could always contact the planning department at your local LA, they should be able to give you some input. But they wont get involved unless you or your neighbour pay a fee first.