Has anyone heard of:

[tree79]

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

 

 

 

don't think theres been any case where it has been used to date.

Theres always a first through

[Gary Prentice]

don't think theres been any case where it has been used to date.

Theres always a first through

 

Bit difficult to use for deciduous trees, as light level restriction would be seasonal and not continual. If evergreen, and appropriate numbers present, the high hedges legislation would be the appropriate legislation to apply.

 

Smells fishy to me.

[10 Bears]

Right to light does not apply here (or ever?) with tree obstruction. The uninterrupted 20 year rule was in fact to allow prosecution if someone erected a billboard outside your window for instance. It cant apply to trees as they have grown in a natural state and partially obscured the window over a long period of time due to 'the quiet onset of nature'.

 

The idea that they are bending the truth a little regarding high hedges law may be the closest here, unless the 'by law' threat is because of a trespass/actionable nuisance ie that the closest of the trees are crossing over the boundary so can be abated to the boundary as I'm sure you know.

 

When required, I do expert witness work which is almost wholly tree on boundary issues, and the letters I have seen exchanged between solicitors/claimants/defendants are generally full of open threats which are based on half-truths and misinformation. I would expect that this is the same in this case, they are trying to force the customers hand by making them worry that there is going to be arbitration that will go against the customer.

 

As stated above, I would formally request from the solicitor a full explanation of what offences have been committed and under what legislation they intend to attempt enforcement.

[spudulike]

My perception is that "right to light" isn't a legal reason to take a tree down - the neighbours have a right to take off branches and cut out roots that go accross the boundary but if they make the tree unsafe, it will be their liabillity.

 

If the tree causes blocked gutters etc then the neighbour has a right to claim costs from the owner.

 

Thats about all I know - not sure if it is still about but there was a good forum called "Garden Law" that helped me in a similar case many years ago!

[10 Bears]

Bit difficult to use for deciduous trees.

 

I've spoken to solicitors about this - and there is the potential to use high hedges law on deciduous hedges as the law also applies to 'semi-evergreen' which *could* be taken to mean deciduous as there is no formal explanation in the legislation as to what semi-evergreen actually is.

 

Interestingly though, Beech and Hornbeam hedges are exempt from the legislation, but no other deciduous are. Mixed conifer/mixed broadleaved hedges are not exempt - so enforcement could be pursued.

[Gary Prentice]

Once leaves fall, leaves are free agents ( in law)

[Gary Prentice]

I've spoken to solicitors about this - and there is the potential to use high hedges law on deciduous hedges as the law also applies to 'semi-evergreen' which *could* be taken to mean deciduous as there is no formal explanation in the legislation as to what semi-evergreen actually is.

 

Interestingly though, Beech and Hornbeam hedges are exempt from the legislation, but no other deciduous are. Mixed conifer/mixed broadleaved hedges are not exempt - so enforcement could be pursued.

 

Is there any case law yet?

 

 

I haven't read the legislation (yet) but am surprised that you say beech and hornbeam are specifically except.

[mendiplogs]

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.

 

HI MATE yes go onto the council website it on there thanks jon

[SteveA]

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

 

....the trees are too large and too close to their windows....

 

As usual helpful or other wise advice is appreciated.

 

Following doing my CS31 I have learnt how to aim a tree in the right direction and as if by magic I could move said tree much closer to their window.

Hope this helps

[Ben90]

High Hedges requires at least two evergreen or semi-evergreen trees next to eachother which are then blocking significant amounts of sunlight from key living areas, but there is no 'law' within it that requires they be taken down, just reduced and maintained to an 'action hedge height'

 

The Prescriptions act 1832 (the closest you'll get to 'right to light') I believe was put together to stop businesses being affected by lack of sunlight in times where there was little in the way of artificial light. For example if someone

had a loom by a window and a neighbour came along and built in front of said window, blocking out the light. Nonetheless I'm pretty sure it does not apply to trees, unless you put them in last week with a tree-spade

 

Are the trees overhanging the neighbours property?

 

Edit: didn't see 10 bears post