A homeowner who built an extension up to the boundary of their property and installed windows facing a neighbour’s garden says the neighbour has redirected climbing plants so they now grow over the new windows. The owner had obtained a certificate of lawful development from the local council confirming the extension and window installation did not require planning permission.
Legal specialists say the certificate protects the owner from planning enforcement but does not give an automatic right to uninterrupted light, and neighbours retain the right to cultivate plants up to their boundary. Where vegetation encroaches onto another person’s property, however, the property owner may be entitled to take action.
Solicitors consulted in coverage of the case said the neighbour owns the plants growing from her land and is entitled to maintain them. But if foliage overhangs or physically encroaches on the extension, the owner can trim back the parts that extend onto their property provided the trimming is carried out from their side and without entering the neighbour’s land. Builders and owners should avoid damaging plants during construction, since causing damage could create liability for the party responsible.
Joanne Ellis, a partner at Stephensons law firm, said the certificate of lawful development confirms the extension was built within planning rules but does not create a fast track to remedies for shading or loss of light. "The legal right to light generally only applies if a window has enjoyed uninterrupted light for 20 years," she said, adding that deliberate redirection of plants to deprive a neighbour of light could, in some circumstances, amount to a private nuisance. If plants or supporting structures are physically attached to the extension without rights to do so, that could amount to trespass and may justify removal.
Manjinder Kaur Atwal, director of property law at Duncan Lewis Solicitors, described neighbour disputes over garden vegetation as common and often resolvable through early, documented communication. She advised starting with a courteous, written request explaining how the plants are affecting use of the property and asking for trimming or management. If informal approaches fail, Ms Atwal said mediation, a formal solicitor’s letter or court action seeking an injunction to require cutting back are available options, though courts will weigh the degree of interference against the neighbour’s rights to enjoy and maintain their land.
Both lawyers stressed that not every shading or overhang meets the threshold for legal action. "Temporary or minor obstruction is unlikely to be actionable," Ms Atwal said. She recommended collecting clear, dated photographs and keeping records of correspondence to support any later claim that the interference is persistent and materially affects enjoyment of the property.
Other remedies may apply depending on circumstances. If a hedge or screen meets the definitions set out in High Hedges legislation, a complaint to the local authority can be considered under those rules. Owners should also check property deeds for any covenants or rights that might constrain either party. If a trellis, wires or other fixtures from the neighbour’s garden are physically attached to the extension, removal may be justified where no deed rights permit it.
Experts urged caution to avoid escalating disputes unnecessarily. A solicitor’s letter is sometimes enough to prompt a neighbour to comply; mediation can preserve relations and avoid the expense and uncertainty of court proceedings. If court action becomes necessary, judges will assess whether interference is "substantial and unreasonable," taking into account the nature of the obstruction, the length of time it has existed and any reasonable steps taken by the aggrieved party to mitigate the problem.
Homeowners who plan extensions close to boundaries were reminded that certificates of lawful development provide protection against planning enforcement but do not immunise developments from private disputes with neighbours. Early engagement, documentation and proportionate use of formal processes remain the recommended approach to resolving garden-vegetation conflicts.