Legal Advice on Trees and Privacy
Questioner
Our garden has shade almost all day long due to the municipal trees. Our neighbours have that too. They now demand that we prune the conifers that are two metres away from the boundary between our two gardens, in the hope that they will then get some sunlight. About an hour and a half a day the sun comes out between the very tall municipal trees and a small part of the garden gets sun. I like my privacy so I have tall plants, I also like shade and because I have skin cancer it is even necessary. We have already pruned the conifers but that of course has no effect because the sun is behind the municipal trees. The neighbors are now going to the subdistrict court to force us to prune further which the plants may not survive. The municipality stated that they would not prune because of sunlight. Advice please.Lawyer
Judging from your brief story, it seems to me that your neighbours are not right to demand that the conifers be pruned because the distance to the property boundary is sufficient and that they also have insufficient interest in doing so because the pruning does not provide sunlight.Lawyer
Now that the neighbours have already gone to court, it is advisable to also submit the matter to a detailed consultation and possibly to a third party in its entirety. You should therefore not attach too much value to a short advice based on your story, because in a procedure all facts and circumstances can be important. In any case, it is likely that the neighbours will have to base their claim on unlawful nuisance, where the nuisance consists of reduced sunlight. It should be clear that if your trees are not the cause, there can be no question of unlawful nuisance. For further information, please feel free to contact me directly if you wish.Neem de volgende stap
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