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My neighbor has a conifer growing next to the boundary wall that is the height of our two-story house.
Our rooms have been left dark on that side of the house because the tree overshadows them, but the neighbor is not willing to cut it down. What can we do?
Elizabeth W., via email
In the shade: A reader tries to persuade a neighbor to trim an overhanging tree that blocks light from one side of his house.
Dean Dunham responds: If you have not already done so, make your request to your neighbor in writing, as you will need proof that you have attempted to resolve the issue with your neighbor before taking the next step.
If your neighbor still won’t help, you can complain to the council, under what is known as high coverage legislation, which was introduced in 2005 under part of the Anti-Social Behavior Act 2003.
To be eligible, the tree must: consist of two or more trees or shrubs, mostly evergreen or semi-evergreen; be more than two meters high; It affects the enjoyment of your home or garden because it is too high.
Unfortunately, a large tree generally does not qualify. However, if you are able to file a complaint, be sure to provide evidence that you have already attempted to resolve the matter directly with your neighbor.
You may be charged a fee to have your complaint investigated, although this will vary depending on local authorities.
If there are branches hanging over your side of the fence or boundary, you have the right to prune or remove them. However, by law, you must return the clippings to your neighbor.
And before you embark on a dispute with your neighbor, remember that when you sell a house you have a legal obligation to disclose to the buyer the details of any “neighbor dispute.”
Naturally, this could put off the buyer and end up devaluing your property.
The insurance company sold my car ‘amortized’
I was in a car accident and my insurance company decided to write off my car because it was not economical to repair.
The damage was not that bad so I asked to buy it again, but he refused saying it was not possible.
Now I found out that the car was sold so I don’t have a car and I think the amount they paid me for it is way below its value. What can I do?
Kevin M., via email
When you file a claim after a car accident and the damage is more than just cosmetic, the insurance provider will likely assign you an insurance category.
If your car is deemed beyond repair and therefore unsafe, it will not be legally permitted to be driven again. In these circumstances, you 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 additional categories: Cat S or Cat N.
Therefore, you should ask your insurance provider to confirm in writing what category they considered your car and why they refused to sell it to you, as well as how much they sold it for.
If the answer is that your car was designated Cat A or B, the dealer will have broken the law, as it is illegal to sell a Cat A or B vehicle for anything other than salvage.
If you were designated Cat S or N, your next question is why were you misled or lied to and what compensation will you get now?
In relation to the value you received for your car, the insurer’s obligation is to pay you the market value that the car had immediately before 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 finance-
ombudsman.org.uk.
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