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Very tall trees
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Can anyone tell me the procedure when there are very tall trees at the bottom of the garden not in my garden but the one backing on to mine. I would like to ask the owner to cut them down to a more appropriate level (i.e. not blocking my light). I reckon they are about 60 feet in height and branches out to the side. I feel like I am in a jungle. I understand their need for privacy but not to this extent.
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For more on marking an answer as the "Best Answer", please visit our FAQ.You first knock on their door and politely ask for them to be cut back - explaining why. They should comply, but if not (either because of cost (to them) or because they don't feel obliged to, then you need to escalate it to a higher level as you are entitled to not having your 'light' obstructed.
I'd probably first approach a tree surgeon, as they should be clued up on the law, and will be able to offer advice.
I'd probably first approach a tree surgeon, as they should be clued up on the law, and will be able to offer advice.
Your only hope is that you can use the High Hedges legislation that John 2 Jags Prescott introduced. This gave Local Authorities the power to utilise the Statutory Nuisance legislation to apply it to high hedges. The nuisance will have to be a hedge - not a single tree - and the ability for it to work depends on the extent of the nuisance and the willingness of the authority. You will have to pay a fee for the authority taking this on - typically a few hundred pounds. Talk to your local authority on this basis.
Suggest you ignore any comments you may get on here regarding a "right to light". That does exist under certain circumstances for windows blocked by buildings but not in relationship to trees
Suggest you ignore any comments you may get on here regarding a "right to light". That does exist under certain circumstances for windows blocked by buildings but not in relationship to trees
One may not be legally obliged, but it certainly is morally sound to not block your neighbours' light with your tree. The very first option should be to "You first knock on their door and politely ask for them to be cut back - explaining why" as Micronair suggested. It may very well be that your neighbour is not aware of the nuisance their trees are causing.......I wasn't. You may have more luck if you are able to offer assistance.
Thanks a lot everyone. The trees are too tall for anyone but a tree surgeon to attempt to lop off any branches, must be at least 60 feet. I will do as you suggest but don't anticipate any positive response, especially if there is money involved. Builldersmate - who has to pay the fee to the local authority, me or the neighbour?
You do I'm afraid Starbuckone. Everything is against you. Also, as I said earlier you could be pouring your money down the drain if the trees aren't Evergreens. read this:-
http://www.threeriver...t.aspx/Web/HighHedges
http://www.threeriver...t.aspx/Web/HighHedges
They are TREES .. so the tall nuiscance hedges (evergreen or semi-evergreen) cannot be used with your local councile if neighbour will not do anything about it.
The only chance of forcing an issue is if any branches/boughs can be regarded as dangerous (or a risk) to property or underground damage. (For instance, if there were dead branches falling from 20ft from boughs, damage by overhead boughs to your roof, or damage by encroaching roots.
In these above circumstances .. even if tree has a preservation order on it, the work may be done to lop or root prune the tree.
If no order existent, sueing neighbour for remedial work may be a way of forcing them to lop or heavily cut back the(se) tree(s)
If you are in a conservation area, I believe any tree becomes protected (and TPO conditions then apply) as the trunk exceeds 30cm diameter.
The only chance of forcing an issue is if any branches/boughs can be regarded as dangerous (or a risk) to property or underground damage. (For instance, if there were dead branches falling from 20ft from boughs, damage by overhead boughs to your roof, or damage by encroaching roots.
In these above circumstances .. even if tree has a preservation order on it, the work may be done to lop or root prune the tree.
If no order existent, sueing neighbour for remedial work may be a way of forcing them to lop or heavily cut back the(se) tree(s)
If you are in a conservation area, I believe any tree becomes protected (and TPO conditions then apply) as the trunk exceeds 30cm diameter.