Tree Blocking Light Or A View: What Can You Do

What's happening?

The RHS explains that the Rights of Light Act 1959 can protect a window that has received daylight for 20 years, but that in all other cases there is no inherent right to light in relation to trees or hedges, and that trees restricting light that fall within the High Hedges Act might be contested on those grounds instead. Newcastle City Council says there is no legal limit to the size of a tree, and that it has no power to deal with trees causing shading or blocking light, except for evergreen high hedges or where roots cause damage. St Albans says your neighbour has no absolute duty to keep light to your land. The RHS's guidance applies primarily to England. A line of two or more evergreens over 2 metres is the case where the council can act.

What usually causes it?

• A single large tree on the neighbouring land that shades your garden or windows
• A line of evergreens over 2 metres, which may count as a high hedge
• A deciduous hedge or tree, which the high hedge procedure does not cover
• A tree that has simply grown over the years and was never reduced
• A window that has had daylight for 20 years, where the Rights of Light Act might apply

Is it dangerous?

No. It is a nuisance, not a hazard, and a tree that is a size you dislike is not unlawful. Do not cut your neighbour's tree beyond your boundary: Newcastle City Council says branches and roots that cross over can be cut back to the boundary only, and trees with a tree preservation order or in a conservation area need the council's permission.

Can I fix it myself?

Talk to your neighbour: ask whether they would agree to reduce or thin the crown, and offer to share the cost of a tree surgeon. Check whether the trees form a line of two or more evergreens over 2 metres, in which case see the page on a neighbour's leylandii or hedge. Check your deeds for any right to light, and take advice from a solicitor if you think a window right applies. You may trim overhanging branches back to your boundary, using reasonable care, but not beyond it.

When should you call a tree surgeon?

Call a tree surgeon to give a quote and a plan if your neighbour agrees to reduce the tree, or to trim overhanging branches on your side. A solicitor can advise on any claim. Without agreement or a legal right, there is little a tree surgeon can do on someone else's tree.

What will the tree surgeon actually do?

• Check for a tree preservation order or conservation area before any work
• Reduce or thin the crown by agreement, or trim branches back to the boundary on your side
• Advise how much can be removed without harming the tree
• Give a written plan and quote that both neighbours can agree to
• Measure the height of a hedge or tree where the high hedge law may apply

Who fixes this

• Tree pruning and crown reduction

Questions people ask

Sources & References

1. RHS: trees and the law
2. Newcastle City Council: nuisance and dangerous trees or hedges on private land
3. St Albans council: your rights regarding your neighbour's trees