My neighbour has a conifer tree growing by the boundary wall which is the height of our two-storey house.
Our rooms have become dark on that side of the house because the tree overshadows them, but the neighbour is not willing to cut it back. What can we do?
Elizabeth W., by email
In the shade: A reader is trying to persuade a neighbour to prune back an overhanging tree which is blocking the light from one side of their house
Dean Dunham replies: If you have not already done so, make your request to your neighbour in writing as you will need proof that you have tried to resolve the issue with your neighbour before taking the next step.
If your neighbour continues to be unwilling to help, you can file a complaint with your local council, under what is known as the high hedge legislation, which was introduced in 2005 under part of the Anti-social Behaviour Act 2003.
To be eligible the tree must: consist of two or more mostly evergreen or semi-evergreen trees or shrubs; be more than two metres tall; affect your enjoyment of your home or garden because it’s too tall.
Unfortunately, one large tree won’t usually qualify. However, if you are able to file a complaint, make sure you provide evidence that you have already tried to resolve the matter directly with your neighbour.
You may be charged a fee for the complaint to be investigated, although it will vary between local authorities.
If there are any branches hanging over your side of the fence or boundary you are entitled to prune or remove them. However, by law, you should offer any clippings back to your neighbour.
And before you embark on a dispute with your neighbour, remember that when you sell a house you have a legal obligation to disclose to the buyer, details of any ‘neighbour disputes’.
Naturally this could put a buyer off and could end up devaluing your property.
Insurance firm sold my ‘write-off’ car
I was involved in a car accident and my insurance company decided to write my car off saying it was not economical to repair.
The damage was not that great so I asked to buy it back, but it refused saying it wasn’t possible.
I’ve now discovered that the car has been sold on, so I have no car and I believe the amount I have been paid for it is far below its value. What can I do?
Kevin M., by email
When you make a claim following a car accident and the damage is more than just cosmetic, the insurance provider will likely assign an insurance category.
If your car has been deemed to be irreparable and therefore unsafe, it will not legally be allowed back on the road. In these circumstances it will be assigned one of two insurance designations, Cat A or Cat B.
A car that has not been written off but could potentially return to the road after repair will be assigned one of two further categories: Cat S or Cat N.
You therefore need to ask your insurance provider to confirm in writing what category it deemed your car to be and why it refused to sell the vehicle back to you, plus how much it sold the car for.
If the response is that your car was designated a Cat A or B, the provider will have broken the law, as it is illegal to sell a Cat A or B vehicle for anything but salvage.
If it was designated Cat S or N, your next question is why were you misled or lied to and what compensation will it now give you?
In relation to the value you received for your car, the obligation on the insurer is to pay you what the market value was for the car immediately prior to the accident.
If you have evidence that you were paid less than this, present it to the provider.
Then, if the insurance provider refuses to help, make a complaint to the Financial Ombudsman Service. Go to financial-
ombudsman.org.uk.
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