On 2009-05-26 12:08:50 +0100, Sally Thompson said:

On Tue, 26 May 2009 10:01:20 +0100, Sacha wrote
(in article ):

On 2009-05-26 09:46:01 +0100, "BAC" said:

[re overhanging trees and hedges]
snip

She has 'dealt with the matter' by reminding the neighbours that they are
entitled to trim growth which overhangs their land, if they wish to do so.
People buying properties with trees and/or hedges abutting their boundaries
ought to be aware they might face some effort and/or expense in managing
'their' side of them, regardless of who 'owns' them. The answer to the
neighbours' point that they didn't see why they should do it or pay someone
else to do it is that they are the ones who want the work done, and the OP
is under no obligation to do it.

The thing is that is not necessarily the case. AIUI, the law has
changed or is changing in that regard and people can be made to cut
offending hedges and be fined if they don't do so. I can't remember if
this affects trees, too but I read about this fairly recently. That's
why I've suggested having a look at Hedgeline which has a lot of detail
on this subject.


I think you'll find that that only refers to the height of an /evergreen/
hedge, Sacha, and not to growth overhanging someone else's garden.

I'm not at all sure about the tree thing, presumably they're not seen
as such a hazard and/or it would depend on what kind of tree it is. I
notice that the High Hedges Law says evergreen and semi-evergreen and
suggests the use of the small claims court for other disputes, though
it does call it a 'limited possibility'. However, this whole thing
of trees and hedges is such a trigger point that it's a good thing
something like Hedgeline has been set up insofar as it goes. I imagine
it was the many leylandii disputes that led to its creation. I take
BAC's point but at the same time, I see the pov of neighbours whose
gardens are affected by trees or hedges that the owners won't or can't
trim back. Obviously, the cases here aren't arising out of a desire to
spoil someone else's view or to shade their garden. But I do know of
one man of our acquaintance who lives in a house with a fabulous sea
view. Higher on the hill above his property was a house whose owner
had the same wonderful view untill the two of them fell out. Our
acquaintance then allowed a tree of his to grow enormously tall
completely blocking the other's view. I thought it an incredibly
unkind and petty thing to do and he only cut that tree back when the
house above him was sold!
--
--
Sacha
www.hillhousenursery.com
Exotic plants, shrubs & perennials
South Devon