[amandaandherveg]

Next door has a huge overhanging tree at the bottom of the garden which blocks out all the light from the bottom lawn and GH.  It's massive, last winter the lawn was a real mess with all the sludgy leaves, loads and loads of branches overhang my garden.

The place is rented out but I know the owner.  Last year when we moved in to our place we had a nice fence built and had the 15ft communal hedge tamed.  Unfortunately he didn't pay anything towards it but what responsibillity, if any, does he have with regard to this massive tree both the height and the branches coming over my side?

[Aunt Sally]

Neighbours trees caus so much trouble don't they  

This might be helpful:

Garden Law Forum

[amandaandherveg]

Thanks Aunt Sally.  It's such a pain, my poor greenhouse, the plants have struggled with the lack of light/heat.  

I'm sure that he would let me organise a tree surgeon to trim back/thin out the tree on both sides but he's a real tight bum and I have the feeling that he'll happily let me pick up the bill.

Humph!  :x

[scouser]

You are allowed to take off the branchs that are over hanging your fence.
But you should return them to him as he owns them.
But first check that the tree does not have a TPO ( tree presevation order) on it. becaese then your not allowed to touch it with out the councils consent, I think the fine for breaching the order can be anything up to £20,000.

[Yabba]

*completely unverified*, I *think* there's a minimum distance that a tree can be planted to your property ( sorry, I really cant confirm this ) ... if it's within that distance and you want to be "arsey" you could get them to remove the whole tree.

I could be bol...... family friendly yabba ... completely wrong, it was just something I was told in passing, but I can ask the person that mentioned it for clarification if you like?

Chances are I'm .... completely ( see, I'm learning Auntie ) ... wrong

¥

[Beetroot queen]

We have a small plum tree but I always take of the branches that over hang. I hope I never upset the neighbours as they are lovely and so is the wee tree  :shock:

[Ice]

I think the salient point of this argument is that you chose to live there knowing about the tree when you decided.  The tree has been there longer than I suspect that either you or your neighbour has.

Sorry, but I can't see what your argument with the neighbour is.  You are entitled to cut down the overhanging branches, but that is all.

I don't believe he has any responsibility with the height of the tree, sorry.

[Yabba]

yThe tree has been there longer than I suspect that either you or your neighbour has.

Very true.

I'm always overlooking the important bits like that ... thank god for 'tinterweb and common sense prevailing

¥

[CarlC]

yThe tree has been there longer than I suspect that either you or your neighbour has.

Very true.

I'm always overlooking the important bits like that ... thank god for 'tinterweb and common sense prevailing

¥

   usually i would agree, but. i know how it feels to have trees over hanging and genrally blocking the view of the sky and your light, but i`ve been lucky and have both sets of tree on both the left and right neighbours cut down.
Hey amandaandherveg if you know the owner can`t you see if he can`t chop it doen for you if ya pay him?

[Yabba]

We have neighbours trees overhanging our dahlias ... hence why my mate mentioned distances and stuff (in passing, I'd *really* need to ask him for clarification before I could say "if it's within ##inches|centimeters|yards|rods|poles|etc" )... they've all been planted since he moved in, so if he's right  ( ... and he decides to be "arsey ... then cool, he's within his rights ... ) they can be cut down .... doesn't matter if I agree or not, that's the law?


... but if the trees pre-date the buildings, then Ice is right, no matter what the laws say?


Having said that, we will be prunning the branches back ( and returning them ) next week .... it's showing season, and every lumen helps

¥

[Novice but totally hooked]

Playing devil's advocate here (as the owner of a 'nuisence' tree).

We have a beautiful mature ash tree in our garden which we've had professionally trimmed/thinned and generally maintained and it looked lovely although the keys are a real pain when they start falling but that's a small price to pay.

The large house next to us was sold recently and the new owner has done it up and turned it into holiday lets.  Without any discussion she announced (via a note throught the door) that she was going to cut the branches from our ash tree that hung over the fence as they were a nuisence to her guest as "branches" (read twigs) were falling on their cars.  She's got plenty of parking space so why her guests couldn't park 10 feet to the left is beyond me.

When we approached her she wasn't prepared to negotiate or even discuss the matter and simply became abusive.

Seeing someone up a ladder hacking, there is no other word for it, at our beautiful tree had me in tears.  I know she has a legal right to remove the branches that over hang her property but if she'd approached it in a different manner maybe it could have been done by agreement, by a tree surgeon who at least knew what he was doing and to everyone's satisfaction.  As it is, the tree looks a mess, our privacy has been invaded and we now have a neighbour we don't get on with (she's subsequently started building a bungalow in another part of her garden and has already broken two of the planning conditions put on the consent - and all this in the grounds of a Grade II listed building and in a small village).

My advice to anyone thinking of trimming a neighbour's tree is to try and talk to them before getting out the chainsaw.  Remember that even though the branches may be on your side they may be visable from your neighbour's side and changing his view.  Making adjustments that are acceptable to both parties is a much better solution than alienating your neighbour - you never know when you might need them!

[richyrich7]

Thing is Novice I think you must be in the minority most people would not go to the expense and trouble of having a qualified tree surgeon in. I think you new neighbour is very short sighted and/or arrogant, a good tree surgeon could  have possibly made you both happy.

If they didn't give you the opportunity of having the branches then sue 'em  :evil:

and as for the planning consent I'd have made a complaint to planning esp on a listed building  :cry:

[Aunt Sally]

You legally have to be offered the cut off branches back but you do not have to accept them so giving the neighbour the task of disposal if they don't want to use them.

[CarlC]

From what you said bout that arrogant person and a village i`mguessing you are in witney am i correct?

[Novice but totally hooked]

The note the neighbour stuck through the door announced that they were going to cut the tree, etc, etc and that they had a legal requirement to give the branches back to us but they'd get rid of them if we didn't want them so at least she did that bit correctly.  As it was she left them out for the garden waste recycling lorry but it took them about three weeks before they'd finally taken all of them - they were obviously only going to take her allowed 'one bin' each visit.

Planning permission - we've spoken to the planning dept and so have the parish council but they seem to be a spineless lot.  My husband is about to fire off another complaint to them asking  them to ensure she removes a  window she's put in without permission and remove the clock she's got hanging on the front of the listed property (as another neighbour pointed out it makes us feel as if we live in a railway station!).

CarlC - no we're not in Witney. We're in Vale of White Horse territory.