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Fri 13 Feb, 2009 12:30 pm
The above Act covers the growing of Leylandii trees, in which an affected neighbour can take action through the Local Authority using Right To Light to have the trees removed or cut back. If the Deeds to the Complainant neighbour's property specifically state that Rights to light and air are excepted from the Registration, (1922), can the neighbour still take action, under the Act to obtain an Order, as the granting of an Order would surely give a right to light where none in law exists, nor can exist, and would as such affect already existing property law and Land Registration.
@Tacuma,
You don't mention anything about what country, state or city you are asking about so I'm left to guess that you must be talking about something in the UK or Canada based on some of the spellings in your post.
Is this the Act you refer to?
http://www.opsi.gov.uk/acts/acts2003/ukpga_20030038_en_1
If so, this article may be helpful to you:
http://www.gardenplansireland.com/articles/article21.html
and another
http://home.clara.net/tmac/urgring/faqleyld.htm