The question is, under the Trees (Disputes Between Neighbours) Act 2006 No 126 can I force my neighbour to remove or prune her hedge? We have well and truely exhausted all avenues of mediation.
Many years ago my (then friendly) neighbour planted 23 trees, forming a Leylandii hedge along our common boundary. At the time of planting I let it be known there was going to be a house built on our block and that their hedge had the potential to grow 35 metres high and would cast a shadow over our house. Our neighbour said he was going to keep the hedge at three metres high, which would have been OK.
The hedge is now 13 to 15 metres high, with a shadow covering most of our building block and we are about to start building. Once built, the rear of the house will be facing North and a shadow will be cast over the back windows and living area.
I realise the hedge was there first, which begs the question â€˜why build a house in shade?â€™ But do we have a case? Bearing in mind our neighbour allowed the hedge to continue growing, knowing it would deprive us of sunlight.