right to light, collapsing wall, root damaging fence

right to light, collapsing wall, root damaging fence

Postby duncanb » Thu May 22, 2014 8:48 pm

Hi
I am new to this and am trying to help my parents with a few issues .

The neighbour to the left

his property and garden is higher than ours (approx 4 feet). The sandstone wall is begining to collaps. My father put pavingstones against it tostop it from falling onto our shed. Three years later the pavingstones have been pushed by the wall and are now leaning on the shed. At the top of the garden pieces of the sandstone wall are falling off and a root from his hedge is now visible. They have spoken to him and he has agreed it needs fixing, but I am just wondering if they should write a letter to ensure they have proof he has been alerted to the problems in case he claims in the future that he was not aware. In addition their hedge at the front is about 20 ft high and uncontrolled. My parents are in their 70's and cant keep trimming it, it just seems unreasonable, and I am wondering what their options are

The neighbour to the right.

Sadly, some years ago they had a silly dispute and do not really talk. The fence has a concrete base and pillars. A root (I assume) is pusing the fance and concrete base out out by about 6-8 inches so the fence forms a sort of shallow v shape (hope that makes sence). What can/should be done to stop/limit this. Do they have any rights to require the neighbour to remove the tree to stop this happening

Finally (Phew) at the bottom of the garden the neighbour has 6 or 7 trees, all of which are about 60 ft high, most with branches overhanging and they block a great deal of light. My Dad says there is no "right to light" I was just wondering if this is true? The houses are not in the countryside just modest homes in a city.

Any help/ideas...... would be greatly appreciated, and sorry for all of the questions I am just trying to help them out and have next to no idea as to rules and regs in this area
duncanb
 
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Re: right to light, collapsing wall, root damaging fence

Postby MacadamB53 » Thu May 22, 2014 11:47 pm

Hi duncanb,

good idea to get things in writing.
I'd be removing the paving slabs - technically they're a trespass so unlawful and they're masking the issue.

who owns the damaged fence?

there is no "right to light".

All my non-expert, unqualified understanding.

Kind regards, Mac
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Re: right to light, collapsing wall, root damaging fence

Postby Treeman » Fri May 23, 2014 4:00 pm

duncanb wrote:Hi
I am new to this and am trying to help my parents with a few issues .

The neighbour to the left

his property and garden is higher than ours (approx 4 feet). The sandstone wall is begining to collaps. My father put pavingstones against it tostop it from falling onto our shed. Three years later the pavingstones have been pushed by the wall and are now leaning on the shed. At the top of the garden pieces of the sandstone wall are falling off and a root from his hedge is now visible. They have spoken to him and he has agreed it needs fixing, but I am just wondering if they should write a letter to ensure they have proof he has been alerted to the problems in case he claims in the future that he was not aware. In addition their hedge at the front is about 20 ft high and uncontrolled. My parents are in their 70's and cant keep trimming it, it just seems unreasonable, and I am wondering what their options are

The neighbour to the right.

Sadly, some years ago they had a silly dispute and do not really talk. The fence has a concrete base and pillars. A root (I assume) is pusing the fance and concrete base out out by about 6-8 inches so the fence forms a sort of shallow v shape (hope that makes sence). What can/should be done to stop/limit this. Do they have any rights to require the neighbour to remove the tree to stop this happening

Finally (Phew) at the bottom of the garden the neighbour has 6 or 7 trees, all of which are about 60 ft high, most with branches overhanging and they block a great deal of light. My Dad says there is no "right to light" I was just wondering if this is true? The houses are not in the countryside just modest homes in a city.

Any help/ideas...... would be greatly appreciated, and sorry for all of the questions I am just trying to help them out and have next to no idea as to rules and regs in this area



No right to light that can be used in this situation but (subject to tree protection orders and conservation areas) you can cut any overhang back to the boundary.
Treeman
 
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Re: right to light, collapsing wall, root damaging fence

Postby Treeman » Fri May 23, 2014 4:00 pm

Duplicate post deleted
:oops:
Last edited by Treeman on Fri May 23, 2014 4:03 pm, edited 1 time in total.
Treeman
 
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Re: right to light, collapsing wall, root damaging fence

Postby Treeman » Fri May 23, 2014 4:00 pm

Duplicate post deleted
:oops: :oops:
Treeman
 
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Re: right to light, collapsing wall, root damaging fence

Postby Treeman » Fri May 23, 2014 4:04 pm

MacadamB53 wrote:Hi duncanb,

good idea to get things in writing.
I'd be removing the paving slabs - technically they're a trespass so unlawful and they're masking the issue.

who owns the damaged fence?

there is no "right to light". (That can be used in this situation)

All my non-expert, unqualified understanding.

Kind regards, Mac



Fixed that for you :wink:
Treeman
 
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Re: right to light, collapsing wall, root damaging fence

Postby MacadamB53 » Fri May 23, 2014 5:29 pm

Hi Treeman,

thank you :mrgreen:

Grateful regards, Mac
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Re: right to light, collapsing wall, root damaging fence

Postby duncanb » Wed Jun 18, 2014 7:31 pm

Thank you all for your help and information. Since writing this post, health issues have ment this is the first time I have had to rake a look at the replies.

Thanks again, and on reading my original post I noticed all the spelling typos, oops

thanks again
duncanb
 
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