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. Their trunks
are are only 3ft apart so they appear as one tree as one of them is leaning
into the other. They do not overhang my fence but in summer from sunrise
to around 11:00 they cast a complete shadow over my garden and patio.

The ground they are on is a grass covered "green area" with no other trees
in a Scottish private housing estate.

I did contact my local gov estates dept once saying that their lean (roots
at trunk of one are well exposed) constitued a current of eventual hazard
but they looked at it and said that in their opinion they were safe.

Can anyone give me advice on my prospects, necessary permissions etc for
getting these trees removed?

Beemer

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. Their trunks
are are only 3ft apart so they appear as one tree as one of them is leaning
into the other. They do not overhang my fence but in summer from sunrise
to around 11:00 they cast a complete shadow over my garden and patio.

The ground they are on is a grass covered "green area" with no other trees
in a Scottish private housing estate.

I did contact my local gov estates dept once saying that their lean (roots
at trunk of one are well exposed) constitued a current of eventual hazard
but they looked at it and said that in their opinion they were safe.

Can anyone give me advice on my prospects, necessary permissions etc for
getting these trees removed?


Do you own the land they're planted on? If not, how did that long ago
occupier come to plant trees on it? 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. But if it turns out that strip of land
belongs to you, just cut them down.

--
Sacha
www.hillhousenursery.co.uk
South Devon
http://www.discoverdartmoor.co.uk/

"Sacha" wrote in message
...
| 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. Their
trunks
| are are only 3ft apart so they appear as one tree as one of them is
leaning
| into the other. They do not overhang my fence but in summer from
sunrise
| to around 11:00 they cast a complete shadow over my garden and patio.
|
| The ground they are on is a grass covered "green area" with no other
trees
| in a Scottish private housing estate.
|
| I did contact my local gov estates dept once saying that their lean
(roots
| at trunk of one are well exposed) constitued a current of eventual
hazard
| but they looked at it and said that in their opinion they were safe.
|
| Can anyone give me advice on my prospects, necessary permissions etc
for
| getting these trees removed?
|
|
| Do you own the land they're planted on? If not, how did that long ago
| occupier come to plant trees on it? 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. But if it turns out that strip of land
| belongs to you, just cut them down.
|
| --
| Sacha
| www.hillhousenursery.co.uk
| South Devon
| http://www.discoverdartmoor.co.uk/
|
I believe that the land belongs to Wimpey but is maintained under contract
by my local council. The council arbor person has said that they are not
in a dangerous condition so will not cut them down.

Wimpey say write to us and we will get our lawyer to search title deed (for
a ? cost). Then they will decide whether they can be felled. Its too
dangerous for me to fell them myself and I'm hoping that the local council
might agree to a shared felling cost.

Beemer

On 25/8/06 11:06, in article ,
"Beemer" wrote:


"Sacha" wrote in message
snip
| I did contact my local gov estates dept once saying that their lean
(roots
| at trunk of one are well exposed) constitued a current of eventual
hazard
| but they looked at it and said that in their opinion they were safe.
|
| Can anyone give me advice on my prospects, necessary permissions etc
for
| getting these trees removed?
|
|
| Do you own the land they're planted on? If not, how did that long ago
| occupier come to plant trees on it? 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. But if it turns out that strip of land
| belongs to you, just cut them down.

|
I believe that the land belongs to Wimpey but is maintained under contract
by my local council. The council arbor person has said that they are not
in a dangerous condition so will not cut them down.

Wimpey say write to us and we will get our lawyer to search title deed (for
a ? cost). Then they will decide whether they can be felled. Its too
dangerous for me to fell them myself and I'm hoping that the local council
might agree to a shared felling cost.

I think that if Wimpey owns the land they're responsible for what is on it
and should pay all the costs of felling the trees and doing the search. If
it's their land, then it's their trees and the responsibility is not yours
but you are the offended party. Of course, whether they'll agree to do so
is another matter. BTW, I'd get any remarks by the tree surgeon in writing
just in case! I wonder if it would help you to talk to the Citizen's
Advice Bureau.
--
Sacha
www.hillhousenursery.co.uk
South Devon
http://www.discoverdartmoor.co.uk/

I agree with all the advice you've been given so far, but here is some
unknown information about trees. Make sure your house insurance cover
you for fallen trees, because say in the next big storm you have, if
those trees blow down on your house / property it will be classed, the
falling trees will classed as an act of god and you will not be able to
claim on your house insurance for any damage the do, it amazes me the
amount of people / house owner don't know about trees, if you mention
to the company involved that if there tree fall on your children (even
if you don't have children in your garden), you will sue the arse off
them the fact you have children and you know the law about trees will
make them get a move on, also contacted the media, Local radio etc,
send them a letter of intent, tell them what you are going to do, most
big companies hate publicitiy.

hope this help?

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. Their trunks
are are only 3ft apart so they appear as one tree as one of them is leaning
into the other. They do not overhang my fence but in summer from sunrise
to around 11:00 they cast a complete shadow over my garden and patio.

The ground they are on is a grass covered "green area" with no other trees
in a Scottish private housing estate.

I did contact my local gov estates dept once saying that their lean (roots
at trunk of one are well exposed) constitued a current of eventual hazard
but they looked at it and said that in their opinion they were safe.

Can anyone give me advice on my prospects, necessary permissions etc for
getting these trees removed?

Beemer

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/

On Fri, 25 Aug 2006 12:59:02 +0100, Peat-Lomas wrote
(in article .com):

[Top-posting re-arranged]

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. Their trunks
are are only 3ft apart so they appear as one tree as one of them is leaning
into the other. They do not overhang my fence but in summer from sunrise
to around 11:00 they cast a complete shadow over my garden and patio.

snip

I agree with all the advice you've been given so far, but here is some
unknown information about trees. Make sure your house insurance cover
you for fallen trees, because say in the next big storm you have, if
those trees blow down on your house / property it will be classed, the
falling trees will classed as an act of god and you will not be able to
claim on your house insurance for any damage the do,
snip

I don't think this is correct. In the big storm of 1987, we had trees fall
on our fence, and the cost of replacing the fence was covered. Others near us
certainly claimed on their house insurance for damage to their houses. The
cost of replacing the trees themselves (and possibly clearing them away)
would not have been covered, and maybe this is where the misunderstanding
lies.



--
Sally in Shropshire, UK
bed and breakfast near Ludlow: http://www.stonybrook-ludlow.co.uk
Burne-Jones/William Morris window in Shropshire church:
http://www.whitton-stmarys.org.uk