Oh no, not another Tree & Boundary thread

Discussion in 'General Gardening Discussion' started by Phil A, Jun 7, 2013.

  1. Phil A

    Phil A Guest

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    Farmer Giles behind me has some massive leylandii that he's not doing anything to control.

    They are reaching so far over my house now that I have to clear the gutters on a monthly basis as they drop so much stuff into them.

    Have I got any grounds to ask him to get them cut back so they don't overhang my property?

    It wouldn't be a case of me doing it and returning the branches, as they are massive, its a tree surgeons job.
     
  2. clueless1

    clueless1 member... yep, that's what I am:)

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    At some point, I am going to have to face up to the same dilemma, as the old lady next door has a massive tree that overhangs my garden and next door the other way, and is reaching for the house.

    I think its fair enough to ask the owners of such trees to sort it out. I have no idea how the law stands with this sort of thing though.
     
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    • Phil A

      Phil A Guest

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      Same here, I know the response from Farmer Giles will be "Tree off" Trouble is, the branches are touching the ridge of my house now, gonna put off potential buyers.
       
    • Jenny namaste

      Jenny namaste Total Gardener

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      Citizens Advice for starters Ziggy. and plenty of piccies,
      Jenny
       
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      • Phil A

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        • "M"

          "M" Total Gardener

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          If they are only "massive", you are talking 'perception' and will encounter the *big leylandii debate*.

          However, if they are mahoosive .. that is another ball game! Copper nails studded through the trunk is an old fashioned view on how to tackle the issue. Don't know if it works; not even sure I'd recommend it, but, if the purse strings are tight (and who's aren't in this economic climate?) I'd be tempted to give it a go :th scifD36: :whistle:

          Obviously, he can tell you to "tree off", but the fact they are now touching your roof ridges must surely give you some grounds for complaint? :scratch:

          But, do ignore "potential buyers" argument with Farmer G! In some respects that would actually reduce your argument and give him fodder! E.G. it is not a nuisance to you, your property or light/space ;)

          However, that is my knee-jerk reaction and I totally agree with Jenny that you should seek more qualified advice.
           
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          • Jenny namaste

            Jenny namaste Total Gardener

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            UUUmm,
            that's a mahoosive tree Ziggy. Have you approached him in the past over this tree?
             
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            • Phil A

              Phil A Guest

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              No, but he told the bloke across the road to Tree off when he asked him if he could do something about them at his own expense.
               
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              • clueless1

                clueless1 member... yep, that's what I am:)

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                Holy mackerel, that is a big tree. Too big for any 'accidental death' solutions (like a land rover and a strong rope, or an accidental glyphosate spill).

                My mate had a Leylandii almost as big in his garden once, and he asked me to cut it down. I took one look, and told him not a chance. He got a tree surgeon in the end, and they had to cut it down in three stages, because it was too big to fell in one go. His one was probably about half the size of your one.
                 
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                • Phil A

                  Phil A Guest

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                  Its 4 trees, and I want to know if I can legally ask him to trim his branches that hang over my property.
                   
                • shiney

                  shiney President, Grumpy Old Men's Club Staff Member

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                  Zigs, I think the simple answer to your question is "No".

                  The law on 'high hedges' is very ambiguous and enforcement is normally done through the local authority. They normally charge a fairly high fee just to come and look at the problem, although some authorities don't charge to look and give basic advice.

                  You have more than a 'high hedge' problem if the trees are touching your house and there may be something that can be done about that. Your first approach should be Citizens Advice to see what your rights are.

                  You are quite within your rights to remove the offending branches yourself but they don't belong to you and must be offered back to the farmer - politely! If there is no satisfactory response to your offer you then place all the cut parts on his side of the fence.

                  From a prospective purchaser's point of view, if you were able to remove the overhanging branches the problem would not be so obvious and you may get away with it.

                  As you already know that the farmer isn't going to be very co-operative I would be inclined not to ask him to remove the trees because you may get into an antagonistic situation with him. You don't want to do that because, under the new laws for selling a property you are supposed to disclose if you have problems with neighbours.

                  Chat to Citizens Advice first so you know your full legal rights. Take photos that show the possibility of damage to your property.

                  Failing that:- send Chopper round! :heehee:

                  The 'High Hedge' law does not cover just a single tree problem. It clearly states that there has to be at least two trees.

                  Once again, it appears that your problem is more a danger to property than to one of obstruction of light. It seems logical to explain that there is a possibility of damage to your property and ask her to sort it out. If it's just some offending branches then it may be best to offer to remove them for her.

                  For all you know, she may be happy for the whole tree to go and I would be inclined to offer 50% of the cost of having it removed professionally. Maybe split the cost three ways with the other neighbour.
                   
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                  • merleworld

                    merleworld Total Gardener

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                    Wot Shiney said so succinctly :goodpost:
                     
                  • nFrost

                    nFrost Head Gardener

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                    Works too slowly apparently, a quicker alternative is to drill holes into each trunk and regularly fill with diesel.

                    That's not that quick either and rather illegal, tututut!
                     
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                    • Jiffy

                      Jiffy The Match is on Fire

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                      If it was the other way around the farmer would have got the hedge trimer or chainsaw to it and just carryed on as normal :mute: don't do as i do, but do as i say :love30:

                      Is that the same farmer that was p Drunk and parked his van in your garden ;) and done a lot of damage ;)
                       
                    • AndrewBarratt

                      AndrewBarratt Gardener

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                      I would resist the temptation to bring about the demise of the trees via skullduggery because that would just give the farmer a case against you. Go straight down the legal route, get a tree surgeon out to give you an estimate for the cost of their making safe, get the local council to confirm they pose a danger and have a solicitor write to him saying he has 28 days to carry out the works or you will do it and recharge him your costs, your time and your admin time
                       
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