My neighbours tree is blocking my light. Can I force him to cut it down?
No. There is no automatic right to light or a view in law. The right to light may be earned under the Prescriptions Act 1832 by which a person must have enjoyed light to a window in the dwelling for 20 years before the obstruction appeared. Redress must then have been sought in court within 12 months of the light being blocked or the right will be forfeited. If successful then an easement may be granted (that is, the granting of a right over a piece of land as a legal privilege) allowing the free, unimpeded, access of light. Up to the questions • Q: My neighbour has a large garden with lots of trees that grow into the pavement and force people to walk in the road. I’ve also noticed a dead tree in his garden that might fall across the road. Can you make him cut it down and clear the pavement? A: Yes. The Highways Act 1980, provides remedy in the form of the local authority having the powers to serve an abatement notice on the offending landowner (or occupier of the land) to undertake sp
