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Huge oak tree in neighbour's garden
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 |
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