A homeowner named Julia told barrister Daniel Barnett on LBC Legal Hour that she had received letters for years claiming her shrubs were affecting her neighbour's space and light. Barnett said the dispute did not appear to amount to a valid legal claim and outlined several ways she could respond.
Background of the Dispute
Julia explained: "Over the last, say, five years, I've been having a little note put through my door telling me that the shrubs in my garden are affecting the next-door neighbour's space and light and saying that it's probably illegal." She challenged the allegations, calling them nonsense and demanding the neighbour cite a legal clause or contact her through a solicitor.
Julia added that the shrubs were kept neat despite requiring significant work, and argued they could not block light because the garden faces northwest, meaning shadows would fall on her own lawn.
Legal Analysis by Daniel Barnett
Barnett first confirmed the shrubs were not crossing the boundary. He then addressed the right to light, noting that it prevents serious interference. Since the shrubs were only waist-high, he 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."
Options for the Homeowner
Barnett suggested several courses of action. First, ignore future notes. Second, consider neighbour mediation, though many councils no longer offer this due to funding. Private mediation is an alternative. Third, both neighbours could jointly ask a court for a declaration on whether the shrubs interfere with any legal right to light, sharing costs and accepting the judge's decision. Finally, Julia could consider legal action under the Protection from Harassment Act if the behaviour escalates. 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."
