Can we prune churchyard trees that are blocking our sunlight?—The Times
Partner Ed Cracknell responds to a reader of The Times' Home Help section who asks who is responsible for pruning overgrown trees in a neighbouring churchyard which block sunlight and pose a potential threat of damage.
He advises that the church, once aware of the problem, has a duty to ‘do what is reasonable’ to avoid its trees causing damage, but is not obliged to prune the trees because they block sunlight. He suggests that the reader is entitled to cut overhanging branches back to the boundary, but not to the extent that it would harm the tree.
He adds as a final point that:
If the trees are evergreen or semi-evergreen and are more than two metres high, you may have a right to complain to the council under the high hedges legislation. Your local council’s website will explain the process, but again it would be sensible to have a polite conversation with the church before taking it further.”
The full article is available to read online at The Times by subscription only.
Ed Cracknell is a partner in the property litigation team specialising in all aspects of property dispute resolution. His areas of expertise include landlord and tenant disputes, business lease renewals and terminations, possession claims and development disputes.
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