GardenBanter.co.uk - View Single Post

Sacha[_1_] · 26-08-2006, 09:56 AM posted to uk.rec.gardening

On 25/8/06 15:38, in article , "Janet
Baraclough" wrote:

The message
from Sacha contains these words:

On 24/8/06 10:26, in article ,
"Beemer" wrote:

Concerning two 40ft Leylandii planted 25 years ago by a long gone occupier
of my house in a location 4 feet over my back garden fence.
The ground they are on is a grass covered "green area" with no other trees
in a Scottish private housing estate.

Do you own the land they're planted on? If not, how did that long ago
occupier come to plant trees on it?

:-) Much of Scotland is owned by absentees. I know several people
in Scotland who have planted something for their own
amenity/windshelter on adjacent land which they don't own; or "garden"
some adjacent wasteland. It's pretty common. In fact, I've done it
myself with the consent of the landowner; but I know others who don't
bother with consent, hoping the absentee landowner is unlikely ever to
notice, or mind too much.

But what happens when it is noticed?! In this case, it sounds like a
smallish strip of land but neither the land nor the trees have anything to
do with the current inhabitant, other than worrying and inconveniencing him.

There are now government guidelines
relating to the height of trees causing a nuisance so I suggest you look
those up and talk to your council.

I think you're referring to the English Hedges legislation. That does
not apply in Scotland, we have a separate legislative system and as
yet, none governing boundary hedges. So, the OP in Scotland is not going
to get any help from that quarter.

I can't see that he needs to pay Wimpey to confirm their ownership of
the land in question. That information is available to the public from
the Scottish Land Registry. He can look up the mapping of his own plot
there, and that should give him the name of the present owner of the
green next door. Property owners do that all the time, whenever they
need to notify all adjacent owners of impending planning applications .

Sounds a good idea. Perhaps approaching Wimpey with the info that they
*are* the owners (if they are) and telling them that they will be held
responsible for any damage done by the trees, will do the trick.
--
Sacha
www.hillhousenursery.co.uk
South Devon
http://www.discoverdartmoor.co.uk/