Right to light rules

ramirez10

Does anyone know if right to light applies to any continuous period of 20 years since the dwelling has been in place, or is it the previous 20 years preceding any claim?

For example, if my neighbour objects that I'm blocking his light today, will the relevant 20 year period be the one immediately prior to the date of objection?

I have a case where my lovely garden trees had a dense foliage and grown to over 5 m tall over a period of a few years, and were supposedly blocking my neighbours light. I have recently been forced to cut them all down to below 2m because the neighbour claimed they breached the high hedge rule.

I'm considering replacing them with new bamboos to give some privacy to both parties.
I'm pretty sure the high hedge rule doesn't apply to bamboos, but not sure if the right to light rule applies in this particular case? If the rule applies to the period immediately before objection then I don't think right to light applies, because the trees had already grown to 5m over a period of a few years before they were recently cut.

getmore4less

Was it a hedge or trees?

Mojisola

ramirez10 wrote: »

Does anyone know if right to light applies to any continuous period of 20 years since the dwelling has been in place, or is it the previous 20 years preceding any claim?

For example, if my neighbour objects that I'm blocking his light today, will the relevant 20 year period be the one immediately prior to the date of objection?

I have a case where my lovely garden trees had a dense foliage and grown to over 5 m tall over a period of a few years, and were supposedly blocking my neighbours light. I have recently been forced to cut them all down to below 2m because the neighbour claimed they breached the high hedge rule.

The high hedge legislation applies to evergreen trees.

Did your neighbour take you to court over the trees?

Davesnave

The High Hedges Act and the Right to Light are two different things. Right to Light only affects building work.

If the trees have been cut because you were threatened with the High Hedges Act, then they may not re-grow; it depends what they are. Leyland cypress (leylandii) won't grow upwards very well again if reduced like that.

Bamboo is probably not covered by the high hedges legislation, but it could become a serious nuisance if you choose a running variety. Clumping bamboo, which are more expensive, don't travel sideways so much, but all bamboo ought to be planted with a root containment barrier.

ramirez10

Davesnave wrote: »

Right to Light only affects building work.

That's good to know - so basically, looks like the rules allow planting unlimited no. of bamboos (with the caveat that they will need careful management so they don't swamp everything LOL)!

ramirez10

getmore4less wrote: »

Was it a hedge or trees?

It was evergreen trees clumped together to form a hedge (in neighbour's view).

Mojisola wrote: »

The high hedge legislation applies to evergreen trees.
Did your neighbour take you to court over the trees?

I complied to maintain at least some goodwill. Now I'm trying to comply with the rules so next time my neighbour can't force me to cut down my precious greenery!

Mojisola

ramirez10 wrote: »

I complied to maintain at least some goodwill. Now I'm trying to comply with the rules so next time my neighbour can't force me to cut down my precious greenery!

There was absolutely no need to cut your trees down to 2m.

Even after court cases, the hedge owners are very rarely forced to do that.

Davesnave

Mojisola wrote: »

There was absolutely no need to cut your trees down to 2m.

Even after court cases, the hedge owners are very rarely forced to do that.

It was done to retain some goodwill. Whether that will prevail when bamboo goes in is hard to say.

I've been on both sides of the leylandii problem in my time. The first house was due to be sold anyway, but as fate would have it, we ended up living as the sunny side neighbour to the guy who'd started to steal our sunshine. At first, I intended to punish him, but he wasn't my problem any more and two wrongs don't make a right.

We watched our old house gradually disappear behind the huge screen of leylands, knowing that with only 25' of garden it might never see direct sunlight again.

The High Hedges legislation came in, but you're right, the trees only came down to about 4m; still too high to be much good. IMO every case needs to be judged on its merits.