Hedge Dispute
Case facts:
Client lives in substantial property. 25 yrs. ago part of the land was sold to a developer who built a housing estate. The housing estate land adjoins the grounds of client’s property only along one ten metre section.
The client’s father built a brick wall two metres high along that section of the boundary.
20 yrs. ago the client iplanted five cypress trees in a line in front of the wall in order to ‘soften’ its appearance.
On the other side of the wall is the garden of 2 Leek Close which measures 20m x 20m.
The Cypress trees have now grown 3 metres above the wall (so 5m high) and are preventing sun getting into the vegetable patch of 2 Leek Close and now nothing will grow.
What are the legal consequences regarding the boundary trees for our client?
Will they have to remove/reduce the height of the trees?
What in statute or case law (inc Halsbury’s law) is there regarding hedge disputes/blocking light?
Sample Solution
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