Am I legally responsible??

[happyjo]

Hi everyone... and thanks in advance!!
I have two questions
1. A neighbour claims lack of light from a large tree in my garden. I gave her permission to cut it back to allow adequate light. She says must cut it down completely, as the roots also cause problems in the future. What do I have to do legally?

2. One of the reasons of my reluctance to part with theis tree is, they have recently installed a new window on a previously plain brick wall, this window overlooks my garden and looks into my 3 daughters bedrooms. Should they have applied for planning/building consent?
Can I ask them to install frosted glass?

Thanks again
Jo x

[Heidihi1301]

i am sure they would have to have planning permission for this window, and building regulation permission also.

You would have been informed by your council had they applied for permission and you would have had the right to object. I would check with your planning officer as to whether or not they have permission. It is a damned cheek that they are asking having had the window put in that they are now asking you to cut down an existing tree.

I dont think they have any right if it is not a boundry hedge but i am not certain.

I would certainly check though about the window

[GIRL RACERS]

Contact a Tree Surgon - A good one will advise you free of charge, and should the roots be causing your neighbours property any problems let them pay the bill of removing the tree. They should also pay to have the tree trimmed back should it be overhanging in their garden. If its not, and you dont want your tree touched - dont. Trees are beautifull and if your lucky enough to have them in your garden leave it untill you want to have it shaped or trimmed.

[GIRL RACERS]

Do you have a good relationship with your neighbours ?

It sounds as if no planning permission has been granted. I recently applied for planning of an additional bathroom window which would overlook my neighbours 17 yr old sons bedroom. I have a very good relationship with my neighbour and we have had many laughs and jokes about what could be viewed from her son and indeed from me. However, the council did contact about 3 of my neighbours and it has insisted on the highest grade of obscure window. None of the neighbours opposed (except the 17yr old) and planning has been granted.

Good Luck.

[Annlinda]

If its a substantial tree it may have a tree preservation order on it. Worth checking with the council. If you like your tree dont be bullied by your neighbour keep it and tell the tough the tree gives you privacy

[Annlinda]

sorry previous should read ..tell them ,tough..

[buildersmate]

This specialist site on garden law may help you better. There are multiple q&A on trees and I have selected just one that might help. Or post your own specific question.
http://www.gardenlaw.co.uk/phpBB2/viewtopic.ph p?t=6441
There is also a legal term called 'actionable nuisance' that you should be aware of in relationship to the roots (not the branches - which can be cut off at the boundary - as I think you know). Try Googling the term and you will find out more.
To prove 'actionable nuisance' the neighbour would have to spend a fair bit of money demonstrating that the roots were starting to damage the property. You would be pretty sure to know that they were doing this. I would just check my buildings insurance policy and look at the third party liability clause to check that your insurance would cover any potential claim. If they do write to you - refer it straight away to your insurers.
I believe they are trying it on.

[Oneeyedvic]

I have recently installed a window that overlooks on to my neighbour's house - we first asked our neighbour and then when they agreed it wouldn't be a problem (as we said that we would put obscured glass in and it was too high to see out of) we wrote off to building control / planning dept.

Both came back and said that we didn't need any permissions so long as we used a FENSA registered company.

I also believe that there is no 'right to light' so they can't ask you to cut down your tree for that reason.

[nurseynurse]

Hi Jo,in response to your question 1, as far as i am aware that there is the "RIGHT TO LIGHT" law regarding other peoples properties that may affect you,i.e.trees. However i have trees in my back garden and several of them,may i add and this lady is talking codswollop. If there are signs that this tree is causing damage,then you may have no choice but to take it down,otherwise in the long run it may cause serious damage and cost you lots of money. Otherwise,contact your local council and find out the height laws and keep it constantly maintained. Do not let this woman dictate to you what you must and musnt do,its your property and your job to maintain it,stick to the law and then let her moan all she likes. Nature was here b4 she was!!!