NOW that the sun is out, many people will be wanting to soak up the heat in the garden.
However, one person has been left fuming after their neighbour’s tree has completely ruined the sunny weather for them.
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They shared in a video how their next door neighbour’s large tree covers their entire back lawn in shade.
On their @shadyneighbourtree account, they fumed: “My neighbour’s tree doing its best to keep my garden a secret.
“We need some sun!
“10 years & still battling my neighbour’s tree for sunlight!”
While there was a tiny patch of sun on a decking at the top of the garden, the majority of the lawn was cast in shade.
This included the person’s washing line where they had hung up laundry to dry in the sun.
The short clip has been liked over 1,000 times, and many people have chimed in about the dilemma.
Many people said they would also be annoyed, with one saying: “That’s an old old tree, you knew it was there when you moved in.”
Another added: “Those trees should not be grown in residential gardens.”
And a third commented: “perhaps you can offer to help with the cost of having it trimmed down, that might be more welcoming than completely cutting it down.”
However, not everyone was supportive of the person’s plight.
One person wrote: “That’s an old old tree, you knew it was there when you moved in.”
Another added: “That tree’s beautiful.”
While some people pointed out that the sun moves, the homeowner added: “This is very true… but it’s shade when I come home from work and I want to enjoy the sun.”
So what are your rights if this happens to you?
This situation can easily lead to a nasty dispute, especially as sunny weather can be quite precious in the UK.
One of the first things you need to do is to determine if the tree is protected by checking whether there is a tree preservation order or whether it’s in a conservation area.
You can do this by asking your local council to check on the local map of your area.
Then you can discuss with them if there’s any planning restrictions on the tree.
Estate agent Petty Son & Prestwich have shared their tips on what you can and can’t do about a neighbour’s tree blocking the sunlight.
The Top Five Reasons Neighbours Squabble
One study by Compare the Market revealed the top reason British neighbour’s argue
- Broken fences – top of the board was broken fences and whose responsibility it was to fix it
- Parking: one of the leading drivers of neighbour disputes, with 54.1 per cent of people having issues with people parking in front of their house, parking bay or driveway
- Trees – complaints about a neighbour’s tree cracking your garden path was also common with nearly half of participants finding it frustrating
- Bin wars – outdoor bin etiquette continues to ignite the most furious debates between neighbours
- Nosy Neighbours – some people have their eyes and ears at the ready to have a peek causing problems for others
According to their guide, you might be able to get the tree cut back if it is blocking light from passing through a window or glass door in your property.
Under the Rights of Light Act, if a property has received daylight for the last 20 years, it may be entitled to continue to receive that light.
However, Chun Wong, head of the dispute resolution team at Hodge Jones and Allen solicitors, points out that the right is to “daylight” and not “sunlight”.
“This is usually restricted to one foot of candlelight. There is also no right to a ‘view’,” she explained.
“If you do have a right to light which is being adversely affected by large trees, then you may be able to apply to the court to restore your right or get an injunction to prevent interference with your right.”
There’s another legal route you can take if your light is being blocked by more than one tree with a height of more than two metres.
Under the High Hedges Regulations 2005, you can apply to the local authority for a High Hedge Notice where a hedge has two or more trees and is more than two metres high.