15:13 PM, 31st October 2022, About A year ago 5
Hello, I am told that in English law there is no such thing as a legal right to a view, (established in Aldred’s Case 1610). However, if a tree is allowed to grow uncontrolled and too large, resulting in the loss of a valued view, is there a potential legal challenge on the grounds of this being an “annoyance”?
I have owned a top floor flat within a three storey residential development for over 22 years. For at least 20 of those years the property enjoyed a very appealing view over the canal and tow path which provided hours of enjoyment watching the canal boats passing below.
However, during that time, a 2 metre magnolia bush, located 5 metres in front of my property, has been allowed to grow into a multi branched substantial tree standing some 8 to 9 metres tall today. In the last two years, the exponential growth of the tree has totally obliterated the valued view we once enjoyed from my living room and balcony.
In fact the tree is now all we can see.
I have repeatedly asked the management company to have the tree pruned back so it is no more than 5 metres in height, ie. equivalent to the distance it stands from the footings of the building. They will not do so because two of the resident directors on the residents committee (who live in flats unaffected by this tree) say “they do not want to cut the tree”.
I believe that their refusal to control the growth of the tree contributes to the “annoyance”. I have read that the test of annoyance is whether “reasonable people, having regard to the ordinary use of a dwelling for pleasurable enjoyment, would be annoyed or aggrieved”.
As I have benefited from this view for over twenty years, I feel it is clearly now an annoyance because it deprives me of my right to the ‘quiet enjoyment’ of the leased premises to which I believe I am still entitled.
I really am aggrieved and hope that someone can advise me on the best course of action to take to persuade the management company to cooperate and trim this tree to a more reasonable size.