Tree and neighbour

[glasshalf]

Hi
So we moved into our house in the last year , we havnt had a summer here yet so although we knew there was a large tree in the neighbours garden we didn't quite realise the impact it had on our property -
Any how today we have been looking and it blocks the whole sun from our garden and living room in the afternoon . We went to say hello and spoke about it and she is absolutely not wanting it cut back, said she will get a tree preservation order on it I love trees would never kill it but it is having a huge impact on light in our garden and back of our house . I literally don't know where to go with this next as we don't want to upset anyone or take legal routes- any tips?

You do have a legal route under Private Nuisance.

If she’s adamant about it and you don’t want to go down the legal route I’m not sure if there is anything you can do.

Does it overhang your garden, or just block the sun?

You can cut off overhanging branches, but if it's all in their garden there's not much you can do.

Nothing you can do.

You are unreasonable, the tree was there when you bought the house. You should have realised it would block the sun. Hope she does get a tpo on it.

I don't think you can reasonably expect anything to be done, given that you bought the house knowing the tree was there. It's a bit like asking for compensation from your seller because you hadn't realised you couldn't fit your king sized bed into the main bedroom.

It must be a very large tree to do that, not quite sure how that wasn't noticeable when you bought the house.

However, if there is no TPO you can cut overhanging branches but why would you want to damage a lovely mature tree?

Yes it was here , spoke to buyers they said they cut it regularly and not an issue we took their word (yes I know how stupid) i don't see how I am BU the tree doesn't impact them at all but it does us , totally blocks the sun from my living room at the back and is really huge . Maybe I can't do anything and I'm not a nasty person unlike some on here so I'd never chop it without asking anyway and I don't want it down just thinned so we can enjoy the sun too!

Could you speak to a tree surgeon and ask for advice, maybe she doesn’t want to pay anything towards the tree being trimmed or whatever. Offer to pay for any costs.

@StrongTea partner is tree surgeon he said he will happily do it and help trim any hedges on their side if they want too as a goodwill . We're not by any means chopping it down , more wanting to thin it at the very top

We have the same problem and annoying though it is apart from moving house there is nothing that we can do about it.
In our case it isn’t even a nice tree - it’s one of those awful fast growing things that people buy for hedging and then don’t bother to cut. It is now almost as high as the house.
I know nothing about trees but I’m told that the only consolation for us is that it doesn’t have far spreading roots.

Every time we have a gale I hope that it will blow down, but knowing our luck it won’t fall in the owners garden but in ours.

You do have a legal route under Private Nuisance

No you don't.

Ask your local council if it has a tpo on it, you can suggest just trimming it but it will be at your own expense I imagine.

@PotsOfJoy there is actually something that says if it's over 2 metres and blocks our light in the house we can do something but I don't want fuss and drama I just wanted them to agree to some trimming of it when the time comes.

@millymae this tree isn't awful it's just about 5/6metres high right on the edge of the boundary between us and them . Like I've said it's just about us being able to enjoy SOME sunlight .

there is actually something that says if it's over 2 metres and blocks our light in the house we can do something but I don't want fuss and drama I just wanted them to agree to some trimming of it when the time comes

Not in England there isn't.

@glasshalf

I am sorry your sun is being blocked out, but as has been said, the tree was there when you bought the house. Buying the house on the assumption that they would chop it to your satisfaction, was not the best idea really....

My cousin bought a house with a conservatory on it 5 or 6 years ago, and as soon as they moved in, the woman came from next door, and told her she had to take the conservatory down because it blocked her light. She said that it's a nuisance blocking her light, and she is enlisting her solicitor.

Long story short, the neighbour had no case, as the conservatory had already been up 3 years, and the neighbour had never said a damn word! When the old owner told the neighbour they were building it, the woman said it was OK, and she NEVER complained. So my cousin told her to do one.

They never spoke for a year after that, then the woman moved.

And it didn't even block the sunlight anyway! Well, only til about 9am in the summer, and 11.30am in the winter. Something like that!

So I am sorry glasshalf but I don't think you have a case. I could be wrong and maybe you can ask the council. Be prepared for your neighbour to fall out with you though.

Your closest hope is the antisocial behaviour act 2003 which you can complain to the council about if its 2 or more evergreen or semi evergreen trees in a row. Single trees don't count. Deciduous trees don't count.

@mabelsgarden like I said I'm not trying to cause drama and as for falling out - first time I've seen her today since we moved in so it's not about being friends - she wasn't even beginning to negotiate but why would she , not impacting her is it.
@PotsOfJoy don't live in England.

Our house is lovely and we didn't only buy it for the sun I just didn't realise people could be so unreasonable when it came to something that doesn't affect them but then I should really I read this forum enough!

Scotland has slightly different rules but I don't know them. Outside of that, forget everything I said!

Wait til they're on holiday then trim it as much as possible. They probably wont even notice. They're just being difficult twats.

You can't just get a TPO, does it meet your local criteria?

www.gov.uk/guidance/tree-preservation-orders-and-trees-in-conservation-areas#Flowchart-1-Making-and-confirming-TPO

sorry- just seen that you don't live in england

@BlackcurrantJamontoast still very helpful thank you :)

@DerrenBrownings I think she would she was very "ive lived here my whole life who do you think you are" about the tree. The land didn't used to be owned it was council so I might find out when it became their garden!