| Commentary

129 ‘Right to a view’

| Commentary

129 ‘Right to a view’

There is no such right in English law as a ‘right to a view’ across a garden1. A right to light can only be enjoyed by apertures in a building; it is not, therefore, possible to maintain that a part of a garden is being overshadowed by a neighbour’s building or excessively high trees, although there may be redress in negligence, nuisance or trespass if the trees are dangerous or their branches or roots intrude.

There is a remedy enforceable upon complaint to a local authority as to evergreen hedges of over two

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