Do you have a right to light in your garden?

Rights of light in a garden

It's a common misconception that a homeowner can acquire a rights of light in their garden, but the law provides no rights of light in respect of land that has not been built on. You may have express rights to light created by your property deeds.

Is there a right to light in UK law?

A "right to light" is an easement that gives a landowner the right to receive light through defined apertures in buildings on his or her land.

What is the law on trees blocking light UK?

In most cases, no, you cannot force a neighbour to cut down a tree in order to bring light into your garden. You may, however, be able to get the tree cut back if it is blocking light from passing through a 'defined aperture' in your property, such as a window or glass door, for example.

Is there a right to light in Scotland?

There is no statutory right to light in Scotland. If you live in Scotland and are concerned about limited light, an RICS member practising in Scotland will be able to advise you and may also be able to help you with any negotiations.

Do my Neighbours have a right to light?

A right to light may be acquired by 'anyone who has had uninterrupted use of something over someone else's land for 20 years without consent, openly and without threat, and without interruption for more than a year.

Garden Spike Lights - Electrician in Cambridge

Does my property have a right to light?

Your land will generally have the right to light if it has received light from the relevant direction for at least 20 years.

Is there a height limit on trees in gardens?

In general, there is no specific limit to the height that a tree is allowed to grow, but if the trees form a vegetative screen that is limiting a neighbours usage/enjoyment then it could be a High Hedge issue which Planning Enforcement would potentially get involved with.

What can I do if my Neighbours tree blocks the sun?

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.

Can I complain about the height of my Neighbours trees?

You can make a complaint form if the hedge is ALL of these: Two 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.

How do you prove right to light?

Under the Act a right to light usually occurs once light has been enjoyed through defined apertures of a building for an uninterrupted period of 20 years. An infringement may give the neighbouring owner the right to seek an injunction to have the proposed development reduced in size.

Does right to light include trees?

A property owner does not have an automatic right to light. This can pose a problem where a neighbouring property, or trees and hedges are blocking light from your own land and property. A property owner may have a legal right to light under their legal title to their property.

What is overshadowing in planning?

The overshadowing assessment calculates the impact the proposed development will have on neighbouring private and public amenity spaces, such as gardens, parks and play areas.

Is there a legal height for garden hedges?

Making a complaint

Please note that there is not a blanket rule that all hedges must be no more than two metres in height. The complaint form explains why you consider the hedge is adversely affecting the reasonable enjoyment of your residential property.

Can I ask my Neighbour to cut his trees?

You have a common law right to prune back parts of a tree or hedge growing over the boundary into your property (subject to any legal restrictions being overcome first such as Tree Preservation Orders or conservation areas) but you cannot compel the owner of the trees or hedge to carry out this work or pay for it.

Does my Neighbour have to cut my side of his hedge?

Both you and your neighbour should be trimming each other's respective side of the hedge. You are free to cut back roots or branches that are within your property's boundaries. However, you're only allowed to trim the growth on your property.

Is loss of light a planning issue?

If you cannot make a loss of light or overshadowing objection to a planning application, there are other valid planning objections that may be relevant. These include overlooking or loss of privacy, and loss of public visual amenity. However, loss of view does not count as a valid planning objection.

What are the laws regarding Neighbours trees?

The law states that any branches cut off belong to the person on whose land the tree originally grew, so you should ask your neighbour if they want them back, or if they are happy for you to dispose of them. Do not just throw trimmings back over the boundary - this could constitute 'fly tipping'.

What can I do if my Neighbours trees are too high UK?

If your neighbour owns the tree or hedge

If you think your neighbour's tree is dangerous, you can report it to the council - for example if you think it might fall over. They might ask the owner to make it safe or deal with it themselves. Search for 'trees' on your council's website to find which department to contact.

Can I plant a hedge next to my Neighbours fence?

You do not usually need to obtain permission to plant a hedge in your garden if it is solely within your property's boundary. However, you do need to obtain permission from your next door neighbour if you're considering planting a hedge to separate the adjoining properties right on the boundary line.

Can my Neighbour grow plants up my fence?

This means that if you erect a fence in your garden, your neighbour must ask for permission before painting or staining their side of it. Similarly, they may not grow trailing plants up it or any similar activity which may cause it damage.

Can you complain to the council about a Neighbour's garden?

Weeds, Rubbish and Pests

If weeds or brambles and the like in a neighbour's garden are causing problems on your side of the property boundary, it can amount to a nuisance which you can report to the Environmental Health Department of your local council who can pursue legal action.

What is an easement of light?

A: The legal easement called easement of light and view refers to an easement whereby the dominant estate enjoys the right to have free access to light, a little air, and a view overlooking the adjoining estate, i.e., the servient estate.

How much compensation do you get for right to light?

Right to light cases have been dealt with by the granting an injunction against a developer, however more commonly the court rules that compensation is payable. In one case, the court awarded a claimant damages estimated to be 30 per cent of the developer's expected profits.

What is the 45 degree rule?

​ The 45-degree rule is assessed on both plan and elevation. An extension should not exceed a line taken at 45 degrees from the centre of the nearest ground floor window of a habitable room in an adjoining property.

What is the legal height of a hedge between Neighbours UK?

Require homeowners to get permission to grow a hedge above 2m (6½ft) When a hedge grows over 2m (6½ft), the local authority does not automatically take action, unless a justifiable complaint is made.