Do our neighbours have a legal obligation to cut back trees that are blocking our light?

Our property borders a golf club, their large trees are severely blocking our light in the garden and house. Some of the tree branches are now even touching the window and are in danger of causing physical damage to our property.

Asked on April 21, 2016 under Real Estate Law, Alaska

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

1) They have no obligation to cut trees that are cutting off your light: this is simply not a legal obligation of theirs, and you have no legal right to not have your light cut off.
2) However, if the trees do cause any damage to your property, since they are aware of the situation, they would be liable, or financially responsible, for the cost to repair or remediate the damage: one who fails to correct a known hazardous condition and causes or allows damage to another property is liable for the cost thereof.


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