On 05/08/2013 19:22, Lisa T wrote:
My neighbour has a huge oak tree literally on my boundary fence. It's so
massive that it takes all light from the middle section of my garden.
The trees on my side (an apple and rowan tree) are bending, trying to
look for light. My neighbour has let us cut the branches overhanging our
property before. I have asked if we can take it down but she says she
wants to keep it for 'shade' on her side. As a compromise, we agreed we
could take the height down to the levels of the trees next to it, and
leave the branches on her side as they are. I've consulted a tree
surgeon who says he can make a good job of trying to make a compromise
(without, in his words, "it looking like a helicopter has crashed into
it"). My neighbour is now starting to get difficult and saying she
"doesn't want a lot taking off" and that she doesn't want it "lop
sided". When we had the overhanging branches taken off a couple of years
back (with her blessing), she never said a word. Now she's saying he
"cut off half the tree and didn't shape it". But, it didn't change the
aspect on her side at all, just stopped the branches completely
overshadowing our side. It it right that we have absolutely no right to
take some of this tree down when it takes our light so badly? I'd never
want to make it look ugly or odd, or to upset my neighbour. But frankly,
I can't see how we can find a compromise if she won't allow us to cut
the branches that overhang our property. It feels grossly unfair. This
tree is about 30 feet high...

You really need to check your local council website. Search for "Tree
Preservation Order" on it (sometimes called "Tree Protection order").
Be very careful - there are severe financial penalties for damaging
trees which are subject to a TPO. This is from my local council's FAQs:

"I am having problems with a tree in my neighbour's garden blocking
light. What can I do?
Alleged blocking of light to the house or garden involves complex legal
issues and there is no legal right to light. The council will not
generally prune healthy trees to allow greater access for light.
Technically, your neighbour only has a duty to ensure their trees are
safe. There is currently no height restriction on trees and hedges. If
you have concerns regarding a hedge or tree, ask your neighbour how they
intend to maintain it. You may be able to cut the overhanging branches
back to the boundary. However, before either you or your neighbour
undertakes works to any trees, it is important to check the trees are
not covered by a Tree Preservation Order or located within a
Conservation Area."

Note the final sentence. The previous FAQ ("My neighbour's trees
encroach over my boundary. Can I cut them back?") has the following
final sentence " If a tree is protected by a Tree Preservation Order, or
because it is located within a Conservation Area, the Common Law right
is removed and you will need to seek formal permission from the Council
before undertaking work to living parts of the tree."

--

Jeff