Lawyers explain rules for when neighbour’s tree blocks your sunlight

Lawyers have explained what can happen when your neighbour’s tree is blocking your sunlight. As Brits enjoy particularly hot and sunny weather this summer, many of them will spend significant time in their gardens soaking up the sun. However, some of them might run into issues or become frustrated when they discover that their neighbour’s tree is blocking the natural light entering their gardens. 

One team of legal experts has explained exactly what the rules around this are and what action you have the right to take if you take issue with your neighbour’s tree. According to Spire Solicitors, which is a law firm based in East Anglia, your options might be more limited than you think when it comes to a neighbour’s tree blocking your sunlight. But there are some actions that can be taken on occasion, based on a number of factors. 

The experts explain that there is no general right to light in a garden under current UK law. In other words, you don’t have an automatic legal right to demand that a tree be cut back or removed if it is casting a shadow over your garden. 

However, you do have a right to light in windows and rooms in your home under the Prescription Act 1832. This means that you can take action if light has entered a window uninterrupted for 20 years or more until now, the right has not been waived or altered by agreement, or the light obstruction significantly interferes with the room’s use.

If any of the above is the case, a professional assessment and legal advice are normally required to prove it. The best course of action if issues arise is to first have a calm discussion with your neighbour. 

If your neighbour’s tree branches encroach over the boundary into your property, then you have the legal right to cut them back as far as the boundary. You must stay on your own land while doing this, as you do not have the legal right to enter their property to carry out this work. 

If it is a neighbour’s hedges causing the light issues, then you might be able to make a complaint. This may happen if the hedge has grown above two metres tall, if it has encroached on your property or if it’s made up of two or more evergreen or semi-evergreen trees or shrubs.