A homeowner who received persistent complaints from a neighbour about shrubs in her garden has been told she has no legal obligation to remove them. Speaking on LBC's Legal Hour, barrister Daniel Barnett clarified that the shrubs, which are waist-high and do not cross the boundary, do not interfere with any legal right to light.
The Dispute
Julia, the homeowner, told the programme that over the past five years, her neighbour has repeatedly pushed notes through her door claiming the shrubs affect their 'space and light' and suggesting they are 'probably illegal'. Julia has challenged these assertions, describing them as 'nonsense', and asked the neighbour to cite the specific clause making the shrubs illegal or to contact her via a solicitor.
The neighbour's latest lengthy note prompted Julia to seek legal advice on her rights and whether she should instruct a solicitor to resolve the matter definitively. She emphasised that the shrubs are well-maintained, though one requires significant upkeep, and that any shadows would fall on her own lawn because the garden faces north-west.
Legal Position on Right to Light
Barnett first established that the shrubs do not encroach over the boundary. He then addressed the claim about obstructing light. Under English law, a right to light can exist, but it only prevents serious interference. Since the shrubs are only waist-high and passers-by remain visible, Barnett concluded: 'Well, that's not going to interfere with the right to light. So it does sound like she doesn't have any legal claim.'
Julia expressed suspicion that the complaints are motivated by factors other than genuine light or space concerns.
Options for the Homeowner
Barnett outlined several courses of action. The simplest is to ignore future notes and not respond. A more proactive approach is neighbour mediation: some councils still offer this service, though many have cut it due to budget constraints. Private mediation is also available, where an impartial mediator helps both parties reach a settlement.
Another option is for both neighbours to jointly apply for a court declaration on whether the shrubs interfere with any legal right to light, agreeing to share costs and be bound by the judge's decision. Finally, if the neighbour's conduct becomes severe enough, Julia could consider legal proceedings under the Protection from Harassment Act. However, Barnett cautioned: 'I'm not sure that sending you polite letters asking you to cut back your shrubbery amounts to harassment, but it's arguable.'
