header-logo header-logo

Seeing the light through the trees

29 May 2019 / Andrew Francis
Issue: 7842 / Categories: Features , Property
printer mail-detail
Andrew Francis explains why trees cannot & should not be ignored in right of light claims
  • The effect of trees and large bushes on light can cause a dispute to arise.

It is May, and as Thomas Hardy said ‘the May month flaps its glad green leaves like wings’*. In the cloistered world of rights of light the main concern will usually be the effect of proposed new buildings upon the light enjoyed by its neighbours. But in some cases, particularly as between residential properties, the effect of trees and large bushes on light can cause a dispute to arise. In such cases the High Hedges legislation (Pt 8 of the Anti-Social Behaviour Act 2003) may assist. This article is not about that remedy. This article is about whether trees and large shrubs etc (referred to generically here as ‘trees’) on the land over which a right of light is claimed (the servient land) should be taken into account when determining whether a proposed building, or structure on the servient

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

DWF—19 appointments

DWF—19 appointments

Belfast team bolstered by three senior hires and 16 further appointments

Cadwalader—Andro Atlaga

Cadwalader—Andro Atlaga

Firm strengthens leveraged finance team with London partner hire

Knights—Ella Dodgson & Rebecca Laffan

Knights—Ella Dodgson & Rebecca Laffan

Double hire marks launch of family team in Leeds

NEWS
Small law firms want to embrace technology but feel lost in a maze of jargon, costs and compliance fears, writes Aisling O’Connell of the Solicitors Regulation Authority in this week's NLJ
Bea Rossetto of the National Pro Bono Centre makes the case for ‘General Practice Pro Bono’—using core legal skills to deliver life-changing support, without the need for niche expertise—in this week's NLJ
Artificial intelligence may be revolutionising the law, but its misuse could wreck cases and careers, warns Clare Arthurs of Penningtons Manches Cooper in this week's NLJ
Writing in NLJ this week, Victoria Rylatt and Robyn Laye of Anthony Gold Solicitors examine recent international relocation cases where allegations of domestic abuse shaped outcomes
The Supreme Court issued a landmark judgment in July that overturned the convictions of Tom Hayes and Carlo Palombo, once poster boys of the Libor and Euribor scandal. In NLJ this week, Neil Swift of Peters & Peters considers what the ruling means for financial law enforcement
back-to-top-scroll