Our neighbours refuse to cut down a huge tree which blocks the sun from our garden – what can we do?

TTwo summers ago new neighbors moved in next door – we live in a semi-detached house.

They aren’t the friendliest, but I recently knocked on their door to ask if they would like to have the tree in their garden pruned as it blocks most of the sun in ours from 2pm onwards.

The old neighbors pruned it back every year, usually in May. However, the owner shrugged and closed the door on me.

We don’t have the largest garden and if it is not pruned it will have a major impact on our ability to spend time outdoors. It feels quite unfair.

Where do we stand legally? Does it have to be larger than a certain size before we can file a complaint with the municipality?

Jane Denton replies: Getting new neighbors often goes in two ways. It can be a huge relief or mean the start of unforeseen problems, as in your case.

You have made it clear that relations with your neighbors are not good and that they have been far from complying with your reasonable request.

In most cases, the first thing you should do is talk to your neighbor and resolve the issue in a cordial manner. You tried this and it didn’t work.

The tree in the neighbor’s yard is still theirs, even if it’s hanging over or dropping leaves in your yard.

In general, unless a tree is subject to a tree protection order or is in a conservation area, if branches from your neighbor’s tree start to grow into your side, you can prune them back to the boundary point between your garden and the property from the neighbours.

Check the precise boundary lines in advance.

If you choose to cut down some of the branches that are overhanging your garden, it is wise to inform them of your plans first, if possible.

You may not enter your neighbor’s yard and begin sawing off branches from the offending tree. You would be in violation and could be prosecuted.

Keep in mind that you may be liable for any damage to the tree if you choose to cut down some of the noxious branches hanging in your yard.

We have spoken with a lawyer and an arborist about your case.

Oliver Thorp, solicitor at BLB Solicitors, says: This is a problem that occurs quite often in practice, but also for which there is not necessarily a simple or easy solution.

Councils in England and Wales have the power under section 8 of the Anti-social Behavior Act 2003 to hear complaints about ‘high hedges’ affecting the reasonable enjoyment of a residential property, including the property’s garden.

Crucially, a ‘tall hedge’ is defined as a row of two or more trees or shrubs that are more than two meters tall. There is no similar arrangement for stand-alone trees.

If it concerns a single tree, the council can take action under section 23 of the Local Government (Miscellaneous Provisions) Act 1976, but only if there is an imminent danger of the tree causing damage to people or property.

If the tree’s branches hang over your boundary, it is a violation and you can cut the branches back, provided you do not damage the tree and offer to return the cut branches to the neighbor.

There is no right to light in a garden, but if the tree blocks the light to the windows of your property – and the windows have been in the same position for at least 20 years – you may have a ‘right to light’ claim which possibly force the neighbor to cut down the tree.

If the tree has not been pruned, allowing the roots of the tree to expand, and if these roots cross the boundary line, you may have a nuisance claim against the neighbor.

Again, this may result in the tree being pruned.

I note that you live in a semi-detached house.

It would be worth checking the deeds of both properties.

There may be restrictive covenants that determine what property owners can do.

For example, there may be a clause that states that your neighbor’s trees cannot grow above a certain height.

There may be a broader clause to prevent them from doing or allowing anything to happen on their property that would be a nuisance or nuisance to you.

You may be able to use such a provision in the deed to force the neighbor to prune the tree.

Although the neighbor has been rude, he may be willing to have the tree trimmed if you offer to pay for the work. While this may seem unfair, it could be the fastest and most cost-effective way to tackle the problem and could even help improve relations with neighboring countries.

Daniel de Frece, head arborist and owner of Silver Oak Arboriculture – Arb Association Approved and Trustmark Endorsed, says: The best and cheapest solution is to try talking to your neighbor again.

If that doesn’t work, write a polite letter explaining the problem and how it will affect your enjoyment of your garden.

Ask an arborist, preferably one approved by the Tree Nursery Association, to give you an estimated price.

They can also check whether the tree is subject to a tree preservation order, which has consequences for how the tree can be dealt with.

The next option is to offer to cover or share the costs. This can often help convince your neighbor to agree. While this isn’t ideal, we have found that it is usually the most effective method.