Encroaching Tree

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    Encroaching Tree

    Hi,
    I have some concerns regarding my neighbours huge pine tree. It is massive. It is taller than the roof of the house by a mile and is wide too.It is encroaching on my property which I let out. Not only is the tree blotting out the light from the sun, so my garden suffer's (plants & grass dying as no light getting through, but if it got blown over it would fall onto my property causing insurmountable damage. I also have the safety of my tenants to think about as the tenants kids play in the garden where this massive overbearing tree is lurking.
    I haven't approached the neighbour yet, only this forum as I need to know where I stand and what I can request from him - IE is there a law to say he must take responsibility and trim it to a certain height? What power's of persuasion have I got to make him act (reduce it in size). He is a private house owner not council. Your thoughts and advice would be most welcome.....

    #2
    You could discuss it with your neighbour but if there is a Tree Preservation order (TPO) on the tree then you will need to speak to the tree officer at your local council. They are usually quite sympathetic and may allow a qualified tree surgeon to 'top out' or remove branches overhanging your garden. Danger to children will be low on the list of reasons!



    Freedom at the point of zero............

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      #3
      Originally posted by robbo1971 View Post
      Hi,
      I have some concerns regarding my neighbours huge pine tree. It is massive. It is taller than the roof of the house by a mile and is wide too.It is encroaching on my property which I let out. Not only is the tree blotting out the light from the sun, so my garden suffer's (plants & grass dying as no light getting through, but if it got blown over it would fall onto my property causing insurmountable damage. I also have the safety of my tenants to think about as the tenants kids play in the garden where this massive overbearing tree is lurking.
      I haven't approached the neighbour yet, only this forum as I need to know where I stand and what I can request from him - IE is there a law to say he must take responsibility and trim it to a certain height? What power's of persuasion have I got to make him act (reduce it in size). He is a private house owner not council. Your thoughts and advice would be most welcome.....
      Try www.http://gardenlaw.co.uk.

      ML
      Refer Mad Regulators to Arkell vs Pressdram.

      Comment


        #4
        Originally posted by robbo1971 View Post
        I have some concerns regarding my neighbours huge pine tree.
        I'm pretty sure that legally there's no enshrined 'right to light' so the fact that the tree is causing your garden to suffer would have to truck with the council. I'm aslo fairly sure that you have the right to cut off any bits which arre overhanging your garden; but that you need to offer the bits back to the owner as they are his property.

        Above all, I would say go and talk to the owner and get his reaction before you start complaining to officialdom - that's a sure-fire way to get someone's back up and may not be necessary.

        Out of interest - in the past few weeks, having had an ongoing problem myself with a stonking great tree in my own neighbour's garden just a few feet from the house, and which has been causing me many sleepless nights, I asked the neighbour if he'd consider doing something about it. He readily agreed, and the tree is now gone. At almost the same time, my other neighbour consulted me about a big tree of mine which was blocking the light to his garden; although it didn't bother me in the slightest in the interests of good neighbourly relations I agreed to have it pruned down. So it can work...!

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          #5
          Originally posted by Ericthelobster View Post
          I'm pretty sure that legally there's no enshrined 'right to light' so the fact that the tree is causing your garden to suffer would have to truck with the council. I'm aslo fairly sure that you have the right to cut off any bits which arre overhanging your garden; but that you need to offer the bits back to the owner as they are his property.

          Above all, I would say go and talk to the owner and get his reaction before you start complaining to officialdom - that's a sure-fire way to get someone's back up and may not be necessary.

          Out of interest - in the past few weeks, having had an ongoing problem myself with a stonking great tree in my own neighbour's garden just a few feet from the house, and which has been causing me many sleepless nights, I asked the neighbour if he'd consider doing something about it. He readily agreed, and the tree is now gone. At almost the same time, my other neighbour consulted me about a big tree of mine which was blocking the light to his garden; although it didn't bother me in the slightest in the interests of good neighbourly relations I agreed to have it pruned down. So it can work...!
          There is a right to light. It is effectively a type of easement. If, however, the easement has never been there (ie tree has always been there), then no loss is incurred.

          I would be concerned by - Damage by roots (to your properties foundations) and damage by branches falling. Both of which would fall under the Tort of private nuisance.
          [I]The opinions I give are simply my opinions and interpretations of what I have learnt, in numerous years as a property professional, I would not rely upon them without consulting with a paid advisor and providing them with all the relevant facts[I]

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