Neighbour’s tree blocking your sunlight? Here’s where you stand legally

Let's face it, sunlight in the UK can often be in short supply, so when the warmer months arrive the last thing you want is your neighbour's overgrown tree casting an unwelcome shadow over your garden.

If you've found yourself asking 'can I prune my neighbour's tree?' or 'can I cut my neighbours hedge?' to solve the issue, unfortunately the answer isn't clear cut. As while fast-growing privacy trees might provide the perfect seclusion, without regular maintenance they can quickly become a source of friction for you and your neighbours.

If this sounds familiar and your neighbour's tree is blocking your sunlight you might be wondering what – if anything – you can do to tackle the problem.

To make things easier, we've consulted a range of experts to find out where you stand if a neighbour's tree is blocking your sunlight.

Can I stop my neighbour's trees from blocking my sunlight?

The first thing you need to know is that while there is a right to light, this only applies to buildings, so your outdoor spaces don't get the same protection.

This means that, in the legal sense, there's technically nothing wrong with a neighbour's tree blocking sunlight into your garden, only if it were to affect interior light levels.

That said, there are a few caveats worth noting.

'If the trees form a high hedge (we'll get to this shortly) you may have grounds for complaint to the council,' Carl Toulson, director and fence expert at CMR Timber Group

Can you ask the council to cut back trees blocking sunlight?

This leads onto to the next question, if your neighbour's tree is blocking your sunlight, can your local council help?

According to the experts, it can be a bit of a grey area...

'Most councils will not cut back trees that they own if they are blocking sunlight, and will often only take action if the tree in question poses a safety risk to the public,' warns Graham Smith MCIHort, horticultural expert from LBS Horticulture.

'If you are asking the council to cut back trees that your neighbour owns, they will expect you to have at least attempted to resolve the issue or reach an agreement with your neighbour prior to contacting them,' he says.

Graham Smith MCIHort

Graham Smith MCIhort is the gardening expert at LBS Horticulture. He has extensive knowledge in the horticultural and gardening industries, and prides himself on using this to help gardeners of all skills create their perfect outdoor space.

Therefore your first port of call should be to approach your neighbours to try and resolve the issue. Start by politely speaking to them and then you can follow up with a letter if needed.

There are instances where the council may step in, but it's worth bearing in mind you'll need to meet certain criteria. The most obvious being your neighbour's trees have formed a high-hedge – where two or more (evergreen or semi-evergreen) trees or shrubs have formed a line, and it's more than two metres tall.

'Under these circumstances, you may be able to apply for a High Hedge Notice,' says Graham. 'Although the application for this will require you to submit evidence showing that you have previously tried to resolve the issue yourself.'

How can I approach the issue with my neighbour?

Whatever gardening issue you're facing from next door's outdoor space – whether their tree is dropping leaves into your garden, or in this case your neighbour's tree is blocking your sunlight – there's no denying it's probably not a conversation you're itching to have.

But the general consensus from the industry pros is clear – try and resolve the issue with your neighbour before taking any further action.

'Always start by talking to your neighbours. Sometimes they’re not even aware of the problem,' Carl, from CMR Timber Group, points out.

Communication is the key to avoiding conflict, agrees Morris Hankinson, director of Hopes Grove Nurseries.

'Be polite, calm and have an open discussion about how the tree is affecting your garden or house. It might be helpful if you take photos of the tree or view from your garden so they can see first-hand how the lack of sunlight is impacting it,' Morris suggests.

Morris Hankinson

Morris Hankinson is the founder and managing director of Hopes Grove Nurseries Ltd, the UK’s only specialist grower-retailer of hedging plants. He established the thriving business in 1992, shortly after graduating with a Commercial Horticulture Degree from Writtle College, Essex.

You may need to consider there could be a financial implication for your neighbour if the tree does need cutting. So, if you're able to, it may be worth offering to split the cost of getting in a professional to cut it back.

Remember that while you can trim to the boundary line yourself, you'll still need to notify your neighbours and also ensure that what you're cutting down isn't under a Tree Preservation Order, and that you're not in a protected area.

What you'll need (if your neighbours agree)

• Hedge trimmers - Spear & Jackson 51cm Cordless Hedge Trimmer from Argos
• Shears - Colwelt Hedge Shears from Amazon
• Step ladder - Henchman 8ft Adjustable Tripod Ladder from Amazon
• Eyewear - HQRP UV Protective Safety Goggles from Amazon
• Gloves - Heavy Duty Gardening Gloves from Amazon
• Long sleeve clothing

FAQs

What rights do I have if my neighbours trees are too tall?

If the trees are part of a hedge, and the height is over two metres, and the hedge is evergreen or semi-evergreen, you should be able to take action under the UK's High Hedges Legislation, otherwise there's not much you can do from a legal perspective.

So, unless the tree poses a safety risk and isn't part of an unmanaged hedge the law might not be on your side.

'As long as the tree is safe and not causing damage to anyone, your neighbour is within their rights to grow the tree,' agrees Graham, LBS Horticulture.

Can we force our neighbours to trim their sun-blocking trees?

'If you are only looking to increase the amount of light that enters your garden, you are unlikely to be able to force your neighbours to trim any trees that block the sun, as many of the rules around this are only applicable if the trees block light entering your home,' says Graham.

You do, though have the right to cut back branches that overhang your property, believes Carl, CMR Timber Group.

'You'll need to make sure this is only up to the boundary line and provided the tree isn’t protected. You'll also need to make sure you're not trespassing onto their property to do this,' warns Carl.

Is there a limit to tree height?

The short answer to this is no, there is no legal limit to tree height within someone's garden – even if it's close to a home.

However – if you're dealing with an overgrown hedge – there are some instances where you might have a case under the High Hedges law, as we discussed above - these include if it's over two metres tall, made up of evergreens or semi-evergreens or affecting enjoyment of your garden or home.

There you have it: a list of expert-approved options for where you stand if a neighbour's tree is blocking your sunlight. Whatever route you choose – hopefully you're a step closer to restoring a brighter, lighter garden.