Next door's bloody tree

[Notmycircusnotmyotter]

What can I do about the tree next door that blocks the sun in my garden for most of the day? I wouldn't expect it to be chopped down but it needs properly paring back. I spoke with my neighbour and she says it's expensive so if I want it done I have to pay.

what's reasonable? Are there precedents?

thanks

I'm in a similar position and I don't think there is any easy answer. We get no sun at all now in our south facing garden, all my plants are growing along the ground looking for light and if the wretched thing comes down, it will destroy the back of our house.

We live in a conservation area, so although it's only a sycamore, it's got a TPO on it, but the Council say it's between us and they cannot help.

I think it rude to allow a tree to shade your neighbours garden. I moved into a terraced house and a shrub had over grown to the point where it was shading the ndn’s garden - I had it trimmed back - can’t believe other people think it’s the ops responsibility- it’s just bloody rise to shade other people’s gardens to that extent.

Ok... if my child was bothering my neighbours, I would be expected to stop my children causing problems for my neighbours... landlords shouldn't expect to hold viewings at their properties because tenants deserve "quiet enjoyment" but when someone else's tree is ruining my garden there's nothing I can do?

If the trees roots were damaging your property then you could claim against your neighbour.
Perhaps you should mention that you are worried that if it gets much bigger and heavier in a storm the tree could damage your property? Would you go 50/50??

There is no legal recourse for this. If they are happy for you to pay and do the works you're very lucky.

I can understand your frustration but the tree was there first and its a loving thing it was bound to grow. The homeowner has an obligation to make sure its safe not to let light into you garden.

It’s nesting season so you can’t do anything to the tree for months whatever is decided.

Correct

I may be the only person with you on this.
People plant trees and don’t manage them. It can cause extreme stress if suddenly your view or sunlight disappears. The roots on these trees can destabilise foundations.

No, there are no precedents that suggest she’s liable to pay for something only you want, op!
She’s being accommodating enough by allowing you to do it.

If the trees roots were damaging your property then you could claim against your neighbour.

Not necessarily. My PILs had a tree near the boundary to next door and their neighbours built an extension with patio that went right up to the boundary. After a few years the roots started to affect their patio so they asked PILs to cut the tree. They said the same as OPs neighbours, that the neighbours were welcome to access their land to trim the tree if they wanted but they would not cover the cost.

PILs insurance company said that the tree was there before the extension and patio and that it was a healthy tree. Therefore, the neighbours would have to get their own insurance assessor round to see if they would cover the cost of the tree trimming if that's what the neighbours wanted or, if not, the neighbours would have to pay for it themselves.

Why move into such a house ? You must have realised that the tree would block the sun?

It can cause extreme stress is suddenly your view or sunlight disappears

It’s not really sudden though is it. The tree didn’t appear overnight.
There’s no suggestion from OP that the roots are a concern.

^ This
Pay for it before she changes her mind. You are only allowed to cut overhanging branches unless they agree.

But if you had to buy headphones to block out your neighbours children’s noise that would be your cost …

If she’s happy with the tree then it’s on you to pay if you want it cutting back. She’s not going to pay because it causes a lack of sunlight for you.count yourself lucky many would tell you not to touch it at all.

Yes she can, they just need ti ensure no active nests in it first.

We paid over £1000 to have 2 beautiful mature trees in our garden cut down and the roots ground out. They were there when our house was built and way before the other houses were built. We've regretted it ever since tbh but were worn down by moaning neighbours. Also the back of our house in now unbearably hot on summer mornings. I wish we'd just asked them to pay half to have them trimmed when they kept moaning

@Notmycircusnotmyotter She’s not breaking any law by owning this tree. It’s too big but she doesn’t legally have to do anything. If trimming branches and crown will make a big difference to you, and she’s agreed, I’d get a quote and get it trimmed. Large trees should not be in inappropriate positions but no one will be bothered except you. To be honest, swallow your annoyance and pay. You need pp if it’s got a tpo. Surely it’s worth it to get light? Usually bird nesting time is end of July but a reputable tree surgeon will know.

We back onto woodland that's owned by the council. The trees are enormous and have grown substantially since we all moved in 25 years ago - our gardens are in shade for much of the day. We paid to have them thinned out a while back with permission - best money we ever spent. Will probably do it again at some point. It's just the way of the world unfortunately OP.

Believe me some trees can grow rapidly. We paid for neighbours to have their trees cut shorter a few years ago and they have grown back already.
They keep the trees in front of their house very short, to maximise their view. Funny that.
People don’t realise how much roots can affect foundations, if close to the house.
Same for bamboo. Our neighbour had that too!

Yes I’d argue that a few years is not a sudden loss of sunlight.

No the law is not before October

You have my sympathies. I had the same problem. My neighbour has a gigantic pittosporum right on the boundary, and because of the aspect, ALL of the shade produced by this tree falls into my garden. None of the shade goes in their garden.

I love trees, but I love sunbathing even more, and my garden was in deep shade. This caused me a few issues: a mossy lawn, and rarely being able to feel the sun on my skin.

My neighbours also love sunbathing and they are reasonable people, so we worked it out in the end. I really hope you can work something out too. There is a high hedges policy that councils can enforce, but I hope you don’t have to rely on this and that you can work it out between you.

I am working up to incredibly politely offering to pay to have a neighbour's tree pruned to prevent this issue, I'll be ecstatic if they agree!

Of course you have to pay! You’re the one with the issue, not them.