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Sprogget
27th Apr 2009, 16:39
My little garden is overlooked by a much bigger one with several mature trees. The house to which it belongs is a children's nursery/daycare place & I rather like the sound of the kids running about having fun.

The trees though are a pain. For one thing, they block the sun after about midday, so that even on the brightest days, my garden is cool & shady in the afternoons, not really what I would like, but of more annoyance, is that on any windy & wet day, I come back to a garden full of leaves, buds, twigs, seeds, the lot. I have to spend a fair chunk of my time clearing this stuff up. We know from experience that reasoning with the neighbour doesn't help, so out of interest is there any form of legal sanction that can be applied against an anti social garden?

I should be clear that I;m not planning any recourse to law, heck I don't imagine I have much of a case anyway, but three of us as adjoining householders have asked whether the neighbour would pollard a couple of the trees and been told to sod off!

And no, copper nails are not on the agenda!

Rollingthunder
27th Apr 2009, 17:05
Give the council a call?

G-CPTN
27th Apr 2009, 17:09
Depends on (the country of) your location.

Also whether you are in a conservation area.

Ultimately you might have to purchase the land from your neighbour (though there's no guarantee that you would be allowed to remove the trees - the local authority might use TPOs to protect them).

Were you aware of the trees when you acquired your property?

Sprogget
27th Apr 2009, 17:46
Were you aware of the trees when you acquired your property?

Oh yes, very much so. I have a vague grasp that I don't have a leg to stand on, but you never know, jb, usually throws up an expert or two.

Muffin Themule
27th Apr 2009, 18:08
jb, usually throws up an expert or two

Agreed, although there is rarely any correlation between the expertise and the topic being discussed. :rolleyes:

hellsbrink
27th Apr 2009, 18:19
Sprogget

I've no doubt that the trees have grown since you moved to your house so some yoominrites lawyer will probably be able to put in a claim due to "right to light", "emotional damage due to lack of light", "physical and emotional damage due to cleaning all the leaves, etc, up", etc, etc, etc.

And if you're wondering whether I'm being serious or not, then I have to tell you I ain't sure!

Oh, there MIGHT be something in local bye-laws which limits the height, etc of trees and bushes. That MIGHT be an avenue you could go down.

Lon More
27th Apr 2009, 18:31
Depending on the sort of tree you might be able to have them removed in order to prevent damage to your house's foundations

Gertrude the Wombat
27th Apr 2009, 18:32
The "high hedges" legislation was supposedly an attempt to address this sort of situation. But it's pretty well useless.

Out Of Trim
27th Apr 2009, 19:17
In the UK; I believe, as long as the trees concerned are not protected by a conservation order, then you are allowed to cut off any branches that overhang your property.

You should then offer the owners the timber, should they want it!

I would check with you local council and get approval in writing, before going ahead with any pruning however.

G-CPTN
27th Apr 2009, 19:35
Whichever route you follow (lawyer or pruning) be prepared for a big bill.
Start at four figures . . .

Might be time to move?