If a neighbour decides to install some new hedges or trees, or let their existing ones grow unruly, it can be a frustrating experience. Whether it's during the summer months or deep in winter (when we all need a little more Vitamin D), everyone needs access to sunlight.
If you're dealing with a situation where a neighbour's hedges or trees are blocking sunlight? It could actually be more serious than a neighbourly dispute, with some cases falling under the Anti-Social Behaviour Act 2003.
"Homeowners may have legal remedies where a neighbouring hedge is unreasonably blocking light," Laura Conduit, Partner at Farrer & Co, tells Country Living.
Though Laura explains that the matter should be attempted to be resolved without legal action, with a discussion always being the first point of call.
If you're experiencing difficulty with a neighbour's trees or hedges blocking out light in your garden, it can be helpful to understand what the law says and the right steps to take to resolve the issue as calmly and fairly as possible.
What does the law say?
"In England and Wales, complaints about so-called 'high hedges' are dealt with under Part 8 of the Anti-social Behaviour Act 2003," Laura explains.
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"The legislation applies to rows of evergreen or semi-evergreen trees or shrubs over two metres high that adversely affect the reasonable enjoyment of a property."
If it's just one tree that's causing the block, this law may not apply, Laura continues.
"The position is different where the issue is a single tree, although other legal remedies may be available depending on the circumstances, including in some cases rights relating to overhanging branches, encroaching roots or interference with light," she explains.
What are the right steps to take?
If you're concerned about your neighbour's trees or hedges encroaching on your space or blocking your light, talk to your neighbour informally first.
"The starting point should usually be a discussion with your neighbour, as local authorities will generally expect homeowners to have made reasonable efforts to resolve matters informally first,' Laura tells us.
"If that is unsuccessful, a complaint can be made to the local authority under the high hedges regime. The council will assess the impact of the hedge, including any loss of light. It may issue a remedial notice requiring it to be reduced and maintained at a reasonable height.
"The aim is to strike a fair balance between neighbouring properties, rather than to require the hedge to be removed altogether."
Could other problems arise with hedges or trees?
Loss of light is only one of the many issues that can arise when planting in the garden.
"Disputes commonly involve overhanging branches, roots crossing boundaries, damage to drains or foundations, concerns about subsidence and disagreements over property boundaries," Laura explains.
Painting parts of your garden, such as the fence on your side, can also be seen as property criminal damage if the fence is part of their property according to the houses' deeds.
Trees in particular need to be thoroughly researched, and not every tree can be removed.
"There can also be additional restrictions where trees are protected by a Tree Preservation Order or are located within a conservation area," Laura explains. "What initially appears to be a simple gardening issue can often have wider legal implications."
