The law of light?

[bustergutt]

Are we legally entitled to light? ie if a tree has grown away from a property and blocked out the sunshine to a garden/patio area. what does the law state? Don`t call me a killjoy i`m enquiring on someone else`s behalf.
Thanks.

[Pippa68]

As far as I am aware there is no 'right to light' as such, and the only thing I can find on the web regarding this relates to extensions/conservatories, not trees.

In an instance where a neighbour has allowed a tree/hedge to become outgrown and block your light it would be wise to have a chat ~ if this isn't possible, maybe enquire at the local council for advice.

[jake-the-peg]

As far as I know the legislation only pertains to hedges not trees.

That is to say in order to qualify it must involve 2 or more trees with overplapping branches over 2 m tall.

In that case the council can be asked (usually for a fee - sometimes refundable) the hedge interferes with somebody's "reasonable enjoyment" of their property.

see here for more
http://www.gardenlaw.co.uk/trees.html

[buildersmate]

A right to light can exist; it is acquired over a long period of time (at least 20 years uninterupted use) and its similar to a right of access over another's land. Its not easy and its not really a path to go down. Jake has answered the other potential route - the High Hedges rules which I believe is dealt with as a Statutory Nuisance. But its for hedges.

[Eve]

Some people can have rights to light written in their deeds but usually to stop buildings being built blocking light to windows etc... Right to light is protected by common law but it has to be acquired eg by deed or what we call prescription (20 years use).

Unfortunately the law tends to relate to windows rather than patios and to buildings being an obstruction rather than trees.

It's probably unlikely in this scenario but you never know, could check your deeds or obtain a copy of the title register of your friend's property (www.landregisteronline.gov.uk). The right referred to woudl be a right reserved.

Have they tried speaking to the owner of the offensive tree to see if they can come to some arrangement? may be the easiest solution.

Damages are possible for nuisance although there must be a quantifiable loss eg diminution in value of the property 9an estate agent could probably advise). Other remedies can include "abatement" ie removal of the offending structure (only in serious cases really) would be most appropriate here for infringement of rights to light.

If your friend's serious about the issue they should obtain legal advice, take any copies of the title registers or deeds you have along with diagrams/plans and photos to assist.

The local council or a surveyor could also provide some advice.