Residents

Can I force my neighbour to cut down their tree if it is blocking my light?

No. There is no automatic right to light or a view in law.

The right to light may be earned under the Prescriptions Act 1832 by which a person must have enjoyed light to a window in the dwelling for 20 years before the obstruction appeared. Redress must then have been sought in court within 12 months of the light being blocked or the right will be forfeited. If successful then an easement may be granted (that is, the granting of a right over a piece of land as a legal privilege) allowing the free, unimpeded, access to light.

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