Legal Expert Shares What You Should Do If Your Neighbor’s Tree Is Robbing Your Yard of Sunlight
Urban settlements come with their own set of problems, sunlight or natural light being one. In a situation where a neighbor’s large shady tree is blocking sunshine from your yard on a bright summer day, it is likely to cause a problem. While any civil person would walk up to their neighbor for a practical discussion, attorney Jeffrey Reisman hints at a few boundaries that one should never cross and measures a homeowner can take to avoid any legal consequences, per Homes and Gardens.
Attorney shares advice on legal rule
When a tree with overhanging branches leans into the homeowner’s property while blocking the sunlight and providing unwanted shade, Reisman advised that people are legally allowed to prune the branches of their neighbor’s tree without permission. This can only be done up to the property line and not an inch beyond that, said the attorney, adding that this measure falls under the ‘self-help’ rule. Yet, cutting off branches without seeking prior permission from the tree owner could be a morally problematic action and must be considered carefully before application.
Moreover, it is much more complex than that. “One must remember not to endanger the health or stability of the tree as a result of the pruning,” Reisman explained. “If the tree starts to decline or die due to your oversight in excessive trimming, you may be liable for damages, which include the cost of replacing it.” Therefore, it is advised for people incurring the problem to consult with arborists and do their due diligence before getting to the snipping and slashing. Pruning mistakes can negatively impact the health of the overall tree and birth additional problems in the situation.
A homeowner cannot take this drastic step
When a tree that is not hanging over to your side of the property, but still blocking the sunlight from your yard, Reisman suggests what not to do. As mentioned earlier, a person can only trim the branches until it is on their side of the property. Homeowners should not step onto their neighbor’s property without permission to prune the tree in question. “You cannot prune a tree belonging to a neighbor for which you must set foot on their property without permission, as it is considered trespassing,” said the attorney. In this case, or if the tree is harmed, the neighbor can legally file a lawsuit for damage to the property. HOA rules and conservation policies may also pop up depending on the tree species. YouTube creator Midgardener shares the dos and don'ts of a neighbor's tree shading your garden.
Sharing his take on it, Reisman said it is “best” to discuss with your neighbor before taking on any pruning activities and avoid any legal feud with your neighbor. Interestingly, in the UK, there exists a law called the ‘Right to light’ that gives owners the right to enjoy natural light inside their homes, provided the property has had uninterrupted enjoyment for more than 20 years, per BLB Solicitors. Unfortunately, nothing of that sort exists in the U.S. According to Medical News Today, sunlight is essential for human health and well-being, with health benefits like the production of Vitamin D, bone health, and lowering blood pressure. Exposure to sunlight is also important to foster good mental health, in addition to physical advantages.
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