any advice about land !

You cannot just get land by moving your fence. You will never own the land unless you have the documents from the Land registry for it. It does not matter if you have been cultivating it for decades if someone else ,ie. the council owns it then you get thrown off, probably by them using a bulldozer and then sending you a bill for the clean up operation.
I had the opposite problem with my council where some snotty nosed official expected me to buy a plot of land that I already owned at the bottom of my garden. He also used the threat that they could drive a digger through there. I pointed out that he should do his homework properly and look for TWO plots of land in my name and if anyone appeared with a digger they would be arrested for trespass....and I had the documentation.

 

If you have had exclusive use of a piece of land for a certain number of years, and you can prove it, then you can apply to the Land Registry Office for the documents. We have just done this for my mother's house. She does not own the garden, only the land on which the house stands. Since she has had use of the land for over 25 years she can claim that it now is hers. Ask a solicitor!

 

If i were you,i would cut back any tree limbs that overhang your property and throw them over the fence,this is legally your right.As for the fallen leaves i just use my mower and it collects them in the grass box,then either compost it or throw it out with your grass clippings.It also makes lovely mulch for your plants and keeps weeds down,although you probably already know that.

 

This brings to mind the old Leylandii problem.
I know deciduous trees are not included but maybe they should.
I would rather live with a 15ft leylandii hedge that is well kept than a 60ft oak tree.
We have flats that have been built around here and in the summer the occupants have no daylight at all due to being built next to large trees.
I assume they have asked to have the trees cut but nothings happened.
Councils really are the most unrealistic bunch I have come across, especially in these days when they are all trying to prove how GREEN they are, while handing out planning permission to every developer that asks.
we might vote them in, but once there they have to tow the line.

 

Trees aren't maintained - other than the removal of branches or trees that are dangerous through disease or death. You have every right to cut back branches overhanging your property - but looking at your pictures, they don't overhang.

I get the feeling that these trees have become "your thing" rather like noisy neighbours. Which is sad cos they frame your lovely garden beautifully. Falling leaves can be hoovered up easily, and used as a mulch.

If the council is unwilling to cut them down, or reduce them, then then its a case of living with them and making the best of it. Much the same as I live with my neighbours glorious copper beech tree which overhangs my garden. I could see it as a shady monster, or I could see it as an enhancement winter and summer to my garden and plant accordingly. I chose the latter.

 

hi cattwoman how about contacting the frosty commission to keep you right

 

What compass direction are the trees from your garden? I cannot see how you can achieve what you are trying to do.
The land has not been abandoned and it has not gone without maintainance. The council have gone ahead and planted up a small woodland. Apart from initial weed suppression in the early stages plantations need very little looking after. Instead of the council not being bothered they have done what they should do. If I was a council official and somebody asked if they could have a bit of land that belonged to the council and then complained that the council were not looking after it when it is obvious they have done what they should do I would think it was a bit of cheek. You are entitled to cut overhanging branches off over your garden. As for leaves regard that as free compost. If trees are there than you are unlikely to have houses built behind and with present planning you would have bedroom windows overlooking your garden. You also will not have kids knocking footballs over and climbing over the fence. If I was you I would ask the council if there were any chance of wild roses being included. It would improve your home security no end.
I wish my council had planted a small wood behind my garden. Instead they turned the meadow into boring grass that is mainly used a dog's toilet.
The only problem is if the trees are to the South and they will cast shade as they get older. Does the mid day sun shine from above the trees?

 

hi all

i think some people are getting the wrong idea from my original post

i have lived here for nearly 13 years and before that i lived across the road with my mum and dad so all in all have lived up this grove for 25 years ,when we moved in the land behind me was owned by a farmer (use to help him when i was a kid get the hay in )which he sold to the council just before we moved in to which they planted trees just behind my fence in the 14 years since they have been planted they have never been out to trim them ( not sure if they should though ) or been within 30ft of them or the land behind me.

you can not tell the over hang from the pics but they do over hang and another year especially with all this rain they will be well over my fence which i don't want.

now i hear some saying why ever not my reason is that i live on solid clay my garden is been very much shaded by the trees been at this height (they did'nt bother me before) and the grass just keeps dying the garden keeps flooding things ar'nt growing not that this weather is helping but i noticed this last year also.

i don't have a problem with the trees being there just the height of them as someone has mentioned they do protect my property to a certain level although i have stones , bottles ect thrown over and can never see who it is due to the trees the last one nearly went through my 2 year olds bedroom window !

as far as i can see these tree's are just going to be allowed to grow and grow next door but one to me the trees behind them are nearly double in size and just to give you an idea there is a 50ft conifer next to them and they are not far off that .

as for houses been built behind me i very much doubt as its full of mine shafts and also is marsh land as all the houses around the estate are built on concrete rafts so will be nothing more than just a over grown field with a path through for people to walk there dogs they took there time to give us a morgage due to this reason i think the mine shaft is about 10ft from our fence.

we are south facing and with the sun coming up on the left the nearly 50ft tree blocks most of it out the garden is in shade most of the day as it moves round (due to the trees behind me ) untill about 2.30 - 3.00 in the afternoon untill it comes to the right side of the garden so this is my main reason for wanting them trimmed.

as for the land behind me as i said no one has done anything with it in 14 yrs and the trees & bushes go back a good 10 ft .

the only reason i asked the main question was as 40% of people on this estate have moved there fences be it from the side or the back and wondered if this was possible to do as no one maintains it.

sorry to go so long but just wanted to try explain a little more

i will contact the council again and ask for permission to trim the trees and also ask if i could maintain the land behind or purchase it .

thanks for reading if you got this far

 

Now we know that the trees will cast shade from the south I would change tack. The overhanging branches are not a problem, you can cut them off at the boundary.
Don't ask if you can buy the land or move your fence. You won't be allowed to, it won't solve your problem and it will just confuse the issue.
Don't complain about stuff being chucked over the trees. If the trees weren't there they probably would have gone through the window and it will just confuse the issue.
Don't complain that the tree are not being maintained, cause they don't need any and it will just confuse the issue.
Don't complain about the leaves, that will just confuse the issue.
Your main problem is shade and developing shade as they get bigger. Just tell the councillor that is your concern. Remember you probably have not got a right to it under present law so you want to give the impression that you are rational concerned person who is worried about their hobby, gardening, being seriously affected. Stick to that issue and don't throw in complaints that can easily be dismissed ie. stick to the point.
I suspect that the trees are not covered by a preservation order, they are not that big. I suspect that was used to just fob you off and get rid of you, but don't mention that. Do you know what species they are? Some look a bit like willow which raises another question. What species and how far are they from the house and any drains etc...manholes?
But remember when discussing this with the council you just need to address the issue of shade. You never know they might come up with a solution if you let them.
Personally if it had been me planting the trees I would have put shrubs closer to the houses with trees much further back. Trees at that distance are OK if on the North side and are great for providing screens for houses, as well as privacy.

 

Hi again.
You have had some really good advice here Cattwoman and I think you should consider how you approach the Council, if you still intend to do so.

I have to say again that I think you should seriously consider letting local government work for you i.e. your Parish Council. If you approach the District Council yourself you will be just another voice lost in the wind. They will not listen. Your Parish Council are responsible for the area at grass roots level and although they do not have many powers as such, at least the District Council will listen to them.

I get the feeling that you are determined to do something about the trees despite all the advice you have been given. I can only wish you luck but in truth, I feel you are flogging a dead horse, especially if you become a one man/woman crusader.

But, good luck anyway and I haven't forgotten to ask my son when he returns to UK in October.

 

hi all

thanks again for all your advice i managed to get outside for an hour last night ( stopped rainning ) and my neigbours also had the same idea so i mentioned my concerns to them regarding the trees next door had already phoned last yr & the yr before ( got told they were protected )and they totally agree so all 4 of us are going to address the local council ( in a very nice manner ) as maybe myself just asking for a little assistance might not be enough as someone has said !

but with the trees blocking out light from all 4 of our gardens maybe they might either allow us to trim them which i don't mind or look into it themselves.


and kryssy thanks for not forgetting me when your son arrives home his advice will be great.

 

I dont know how you would go about it but surely you need to find proof that these trees are protected.....

I wonder where the documentation about them would be. Maybe you could write a letter to the council under the freedom of information act to get proof of their preservation of trees. Just a thought. If you get proof they are not, then at least thats ammo for the council.

It does sound like things are hazy and a few things need clearing up first.

 

Why bother? It would just fudge the issue. The trees belong to the council and if they don't want to do anything to them they don't have to. No point in annoying them unnecessarily. Preservation orders are there to stop owners of trees from damaging them. The lack of such an order does not mean you can then force an owner, in this case the council, to do anything. Cattwoman is going to have rely on the good will of the council, if they have any that is.