Overhanging branches, encroaching roots, and overshadowing trees are common causes of tension between neighbours. One of the most frequent complaints we hear is about trees blocking natural light — but the legal options available can be more limited than many people expect.
Can I Take Action If My Neighbour’s Tree Blocks Sunlight?
It depends on where the light is being blocked.
Under current UK law, there is no general right to light in a garden. This means that if a neighbour’s tree or hedge is growing tall and casting shade over your lawn or flowerbeds, you do not have an automatic legal right to demand that it be cut back or removed — no matter how frustrating it may be.
However, there are some circumstances where you may be able to take action:
- Right to Light in Windows or Rooms
If the tree is blocking light to a window or room in your property, you may have a legal right to light under the common law, or through a right acquired under the Prescription Act 1832.
This typically applies where:
- Light has entered a window uninterrupted for 20 years or more.
- The right has not been waived or altered by agreement.
- The light obstruction significantly interferes with the room’s use.
In these cases, you could potentially seek an injunction or damages — but proving a legal right to light and demonstrating a “substantial interference” can be complex, and usually requires professional assessment and legal advice.
2. Overhanging Branches
If branches from your neighbour’s tree hang over your boundary, you are legally entitled to cut them back to the boundary line — known as your “common law right of abatement”.
However:
- You must not trespass onto their land.
- You are responsible for disposing of the cuttings unless your neighbour agrees to take them back.
- You must ensure that by cutting back any overhanging branches it does not compromise or destabilise the tree.
- It’s wise to inform your neighbour before carrying out any work to avoid disputes.
3. High Hedges and the Anti-Social Behaviour Act 2003
If the light is being blocked by a hedge rather than a single tree, and the hedge is:
- Over 2 metres high, and
- Made up of two or more evergreen or semi-evergreen trees or shrubs,
…you may be able to make a complaint under the High Hedges legislation. Your local council can assess the situation and, if appropriate, issue a remedial notice requiring the hedge to be reduced in height.
Please note: this law does not apply to single trees, regardless of their size.
4. Talking It Through
In many cases, the best course of action is a calm and friendly discussion with your neighbour. They may not be aware that the tree is causing an issue and might be open to trimming it voluntarily. Maintaining good communication can often resolve matters without the need for legal steps.
Need Legal Advice?
If a neighbour’s tree is causing significant problems or you believe your legal rights are being infringed, we’re here to help. At Spire Solicitors LLP, we can assess your individual circumstances, explain your options clearly, and help you resolve matters with minimal conflict.
Contact our expert Dispute Resolution team on 01603 677077 or email info@spiresolicitors.co.uk today to discuss your concerns.
