The neighbor’s tree makes our house dark. Can I force them to prune it? DEAN DUNHAM answers
My neighbor has a pine tree growing near the boundary wall, near our two-storey house.
Our rooms on that side of the house have gone dark because the tree is overshadowing them, but the neighbor won’t cut it back. What can we do?
Elizabeth W., by email
In the shade: A reader tries to convince a neighbor to cut back an overhanging tree blocking the light on one side of his house
Dean Dunham replies: If you have not already done so, submit your request in writing to your neighbor. You need proof that you have tried to resolve the problem with your neighbor before you take the next step.
If your neighbor is still unwilling to help, you can complain to your local council, under so-called high hedge legislation, which was introduced in 2005 under part of the Anti-social Behavior Act 2003.
To qualify, the tree must: consist of two or more mostly evergreen or semi-evergreen trees or shrubs; be more than two meters long; affect your enjoyment of your home or garden because it is too high.
Unfortunately, one large tree usually does not qualify. However, if you are able to make a complaint, make sure you provide evidence that you have already tried to resolve the matter directly with your neighbor.
You may be charged a fee to investigate the complaint, although this may vary by local authority.
If there are branches hanging on your side of the fence or boundary, you have the right to prune or remove them. However, by law you must return clippings to your neighbor.
And before you get into a dispute with your neighbor, remember that when selling a house you are legally obliged to disclose the details of any ‘neighborly disputes’ to the buyer.
Obviously, this can deter a buyer and ultimately lead to a devaluation of your property.
Insurance company sold my written-off car
I was involved in a car accident and my insurance company decided to write off my car because it was not cost-effective to repair.
The damage wasn’t that bad so I asked to buy it back but it refused saying it wasn’t possible.
I have now discovered that the car has been resold so I have no car and I think the amount I paid for it is well below its value. What can I do?
Kevin M., by email
When you file a claim after a car accident and the damage is more than just cosmetic, the insurer will likely assign an insurance category.
If your car is considered unrepairable and therefore unsafe, it is legally no longer allowed on the road. In these circumstances it is assigned one of two insurance designations, Cat A or Cat B.
A car that has not been written off but may be able to get back on the road after repairs is assigned one of the following two categories: Cat S or Cat N.
Therefore, you should ask your insurer to confirm in writing which category they believe your car falls into and why they have refused to sell the vehicle back to you, plus how much they sold the car for.
If the answer is that your car is classified as Cat A or B, then the provider has broken the law, as it is illegal to sell a Cat A or B vehicle for anything other than salvage.
If it was called Cat S or N, your next question is: why were you misled or lied to and what compensation will you receive now?
In proportion to the value you received for your car, the insurer’s obligation to pay you is what the market value of the car was immediately prior to the accident.
If you have proof that you were paid less, you can provide this to the provider.
If the insurance company refuses to help, you should then file a complaint with the Financial Ombudsman. Go to financial
ombudsman.org.uk.
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