Seeing the light through the trees

• The effect of trees and large bushes on light can cause a dispute to arise.
  

It is May, and as Thomas Hardy said ‘the May month flaps its glad green leaves like wings’*. In the cloistered world of rights of light the main concern will usually be the effect of proposed new buildings upon the light enjoyed by its neighbours. But in some cases, particularly as between residential properties, the effect of trees and large bushes on light can cause a dispute to arise. In such cases the High Hedges legislation (Pt 8 of the Anti-Social Behaviour Act 2003) may assist. This article is not about that remedy. This article is about whether trees and large shrubs etc (referred to generically here as ‘trees’) on the land over which a right of light is claimed (the servient land) should be taken into account when determining whether a proposed building, or structure on the servient