Neighbour’s tree blocking light into my garden – what can I do?

Neighbour's tree blocking light? Here's are the steps you can take to resolve the problem...

Angela Kerr Director, Editor

We look at the steps to take to understand what you can and cannot do about your neighbour’s tree blocking light into your garden and how best to broach the issue with your neighbour.

Neighbour’s tree blocking light summarised

• Speak to your neighbour
• Find out if the trees are protected
• Establish if you have a right to light
• Check if your neighbour has a ‘high hedge’
• Complain to your council
• Trim branches overhanging your property

Talk to your neighbour

It’s good to talk. So the starting point to handling the issue of your neighbour’s tree blocking light into your garden is to talk to your neighbour. Keep things civil and give your neighbour time to reflect on what you propose doing.

In advance of that conversation, you need to check whether the trees are protected by a preservation order or if there are any restrictions on the tree if you live in a conservation area.

Check whether trees are protected

First of all, check whether there is a tree preservation order protecting your neighbour’s tree and/or whether it stands in a conservation area. You can do this by phoning your local council and asking them to check on the local map of your area. You can discuss with them the implications of any planning restrictions on the tree.

If there isn’t an order or restrictions on the tree, you do have a right under common law to cut back overhanging trees that are encroaching upon your property provided that you do not go over the boundary between your neighbour’s land and your own. We would recommend getting agreement from your neighbour for this work to avoid any ill feeling or claims of damage. Find out more about applying for work on a tree that’s protected at gov.uk.

Respect your neighbour’s boundary

You will need to be very careful that you do not cause damage to your neighbour’s tree when cutting it back as this could leave you open to liability claims from your neighbour. Do not go beyond your boundary. You may want a local tree specialist to undertake the work.

As the tree belongs to the land on which it originally grew, you will need to ask your neighbour if they want any of the trimmings back. Return any branches to them or agree beforehand to dispose of them yourself.

Right to Light

If you have a problem with a neighbour’s tree blocking light to a window or glass house on your property, then you might be able to acquire a Right to Light under Planning law. The Rights of Light Act 1959 states that if a property has received daylight for the last 20 years (the minimum prescribed period), you may be entitled to continue to receive that light. Your local planning department can advise on your rights.

Is there a maximum height of trees near houses in the UK?

No. There is currently no height restriction on trees. However, if you have concerns about a tree ask your neighbour how they intend to maintain it. As we explain above you may be able to cut the overhanging branches back to the boundary but make sure it’s not covered by a Tree Preservation Order, or located within a Conservation Area first.

What I can do about my neighbour’s high hedge blocking light?

The high hedges legislation was introduced in 2005 under part of the Anti-social Behaviour Act 2003. You can ask your council for a complaint form if the hedge is all of these:

• 2 or more mostly evergreen or semi-evergreen trees or shrubs
• over 2 metres tall
• affecting your enjoyment of your home or garden because it’s too tall

However you must try to resolve the problem with your neighbour first and you may have to pay the council a fee to consider your complaint.

What should I do if my neighbour’s tree is dangerous?

If you think an overhanging tree is dangerous, you can have the tree inspected by a qualified tree care professional. Although you’ll need your neighbour’s permission if they need to access your neighbour’s land. If they decide the tree is dangerous, tell the tree owner. And keep copies of letters and responses so you have evidence to prove the owner may be negligent or in breach of their duty of care in the event of loss or damage.

Who owns a tree growing on a boundary?

A tree belongs to the owner of the land on which it is planted. If a tree is planted to form a boundary, joint ownership is assumed, unless there is evidence that this isn’t the case. In these circumstances, consent should be sought by the other owner before starting work on a tree.