Law

[rosiew]

Morning AnsweBankers

We have a private road at the rear of our house which backs onto a school. For a few years now we have been tormented with trees that completely block our view. We feel like we are living in a forest. I contacted the school and the business manager came around with the boundary deeds and admited that they belong to the school. He explained that the school budget was very poor but we said that we would contribute to the cost. I received an email yesterday the cost was going to be £1850.00 and "a gesture of goodwill" they would pay £650. We would have to pay £1200. Surely this cannot be right. The trees do belong to the school. They are maybe 20 feet high. Im not wanting the trees to be taken down completely maybe just 10ft taken off the higth. Could anyone give me advice about this please

[bobbinwales]

No. They dont need to pay or get them pruned. In fact if the trees have a TPO they may be restricted on what there allowed to do . 

[bobbinwales]

Were the trees there when you moved in?

[rosiew]

Yes the trees were there when we moved in

[bobbinwales]

If they overhang your garden you could trim the overhang at your expense if they agree as long as no TPO exists...as council wouldn't to approve it. For 20 ft trees though I doubt  TPO exists .

[bobbinwales]

OK...735 answers the question I think. Your choice to move in with trees there. I'd take there generous offer 

[bednobs]

how many is the £1200 split between?

[Redhelen72]

Well they did explain that there budget was challenged! There is no right or wrong here - you don't want the trees blocking your view its not bothering the school so you either pay the £1200 or you could go to the council explain what the issue is and see if they would do a compulsory trim for you.

[Zacs-Master]

And how many trees are there?

[barry1010]

How is it affecting you?  Do the trees make your house dark or put your garden in constant shade?  Are the trees dangerous, or do the roots cause damage to your fence or garden?

If they don't, there is nothing much you can do - they don't have to cut the trees down. 

[Zacs-Master]

Barry 'trees that completely block our view. We feel like we are living in a forest'

[barry1010]

I did read that, believe it or not, Zacs, but a resident is not entitled to a view.

Unless the trees adversely affect their property or the natural daylight in their main living rooms there is no right to demand the trees are taken down or reduced in height.

[bhg481]

My understanding is that you are entitled to light but not a view. If the trees are blocking your light they have to trim them; if they're only blocking your view it's hard luck.

[bhg481]

You could also ask yourself is it right to expect the school to spend part of its budget to improve the view from your house.

[bobbinwales]

You could always ask the school if you can get your own quote to see if the cost can be reduced. Would your neighbours also contribute,

[Gizmonster]

////  we have been tormented with trees that completely block our view.  ////

 

If it's just your view that's being blocked, then I don't think there's much that you can do so I'd pay up if you want the trees trimmed down.

 

If your light is being blocked, then there's the "right to light" act and the "high hedges" act.

Have a read here:

https://www.gov.uk/government/publications/high-hedges-complaining-to-the-council/high-hedges-complaining-to-the-council ;

[Gizmonster]

Link doesn't work, try this one:

 

https://www.gov.uk/government/publications/high-hedges-complaining-to-the-council/high-hedges-complaining-to-the-council

[barry1010]

If they are fast growing trees it won't be many years before they need cutting back again.  It will be an ongoing problem unless the trees are felled.  Then you might lose your privacy from the school grounds, or suffer an increase in noise nuisance

[bookbinder]

My wife and I have a similar situation. Trees that are owned by a school grow just the other side of our back fence. The trees are very tall, and I calculated that one of them is tall enough to reach our house, if it should fall. I asked the school secretary if the tree could be reduced in height. There was no suggestion of us paying for the work. The secretary very kindly agreed to my request, and the job was done. All that you can do is ask for a favour, but, if the school wants payment for the work, decline politely. 

[rosiew]

Thanks to everyone who replied. I guess im stuck with the forrest outside our kitchen window because i cannot justify £1200 for something that does not belong to us.

[Peter Pedant]

Not a question of law

you are negotiating: keep it at that - do NART go to law!