I’m a real estate expert based in Burnley and I know how much the locals here appreciate greenery. But, I also know that oversized trees from your neighbour’s yard can be a problem, especially when they block sunlight to your home or business. Living under a large tree’s shade isn’t fun for anyone. Now, this might sound like a small issue, but a lot of people face it. Understanding your rights and finding out possible solutions often helps solve this problem, without spoiling your relationship with your neighbour. I, a native of Burnley and an experienced realtor, am here to guide you on this matter.
Let’s first understand your rights and possible solutions regarding sunlight blockage from your neighbour’s tree in Burnley. You need to be aware of England’s ‘Right to Light’ law. According to this law, you have the right to receive natural light into your building. If your neighbour’s tree is blocking sunlight, you might legally have a right. But, proving it might be tricky and expensive.
A ‘Right to Light’ requires uninterrupted sunlight ‘as of right’ for at least 20 years. If the tree was smaller or didn’t block sunlight earlier, and has grown over the years to block sunlight now, you probably have a ‘Right to Light’.
If the tree was already large when you built your property, then you might not have a claim. Also, if you built your property after the tree was fully grown, your building might not have a ‘Right to Light’ from sunlight blocked by that tree.
The next step is to have a friendly chat with your neighbour. Perhaps, trimming the tree might solve the problem. It’s usually better to hire someone else to do this, and you might need permission. But, if your neighbour agrees, it could be a simple solution.
If your neighbour doesn’t agree, you might need to get mediation or legal advice. Lawyers can help negotiate a solution that will benefit both parties.
Do remember, the court might consider the environmental value of the tree along with your right to sunlight.
If you can’t go to court, or the tree can’t be trimmed because it’s protected by a tree preservation order (TPO), don’t despair. You can complain to the council. They can check how the tree affects sunlight reaching your property and may allow minor work to let more sunlight in while keeping the tree.
Yes, losing light due to a tree can be a challenging issue. But, as a Burnley resident, you have options and rights to protect your ‘Right to Light’. Whether you need to talk to your neighbour, take legal action, or ask the council to intervene, it’s important to find a solution tactfully, without upsetting your neighbours.
To sum it up, trees are a beautiful part of Burnley, but they can also cause problems for property owners nearby. Sunlight blockage from your neighbour’s tree can be a problem, but by knowing your rights and exploring suitable options, you can find a solution. It might need patience, tact, and knowledge of local laws, but you can reclaim your sunlight. Remember, being proactive and informed, along with maintaining good relations with your neighbors, can help solve even the trickiest tree-related issues.