Neighbouring trees over my garden

[curlymom]

Hi, so we have lived in quite a lovely house for 21 years now. When we first moved in we had to make an arrangement with next door to carry out maintenance on a long row of leyladii as tall as our house on the boundary. They were nice and we were happy but a few years later they split up and a new couple moved in. Trees continued to get taller. Tried to talk to them and they whinged about wanting privacy and now my downstairs rooms are pretty much shade all day. The husband left her and we don’t talk to her now as she complained about some work we were proposing and it was just easier to avoid contact. What can we do? I’m not happy with this situation but we don’t communicate. AIBU to expect some light in my garden?

I am not sure you are entitled to light, might be wrong. Lleyllandi are a pest

Is it on their side of the boundary. What does the Deeds say.

Well the boundary is between us. But they are really tall and overhang. So tall we can’t reach to trim. In the past when we tried, she threatened to take us to court

Three evergreens together along a boundary is classes as a hedge
A hedge may not exceed 2m in height
See "heigh hedge law" you can ask her to reduce it to two trees or cut it down to two meters
If she doesn't you can apply to the council to get her to do so as it is nuicance. You can also insist she removed all roots from your property as they trespass. But oddly you would be obliged to cut off overhanging branches yourself and offer them back. The law is odd.

Wow that's some bad spelling !

YABU. You bought the house knowing those trees were there, that trees grow and that the same neighbours probably wouldn’t always be there.

Hi thanks for the summary of high hedge law. I have read it in the past but it stated you need to have taken steps to communicate in the past. Which we have but it was verbal. And you need to apply to the council and pay to enforce this ( if it was successful that would be fab as it is monitored ). I think we need to send a letter,

If anyone wants to send me a template, would be great...

Actually heartsonacake I don’t think it’s unreasonable to expect a neighbour to carry out maintenance on their hedge and you would certainly change your tune if this was about you I’m sure!

As I said OP, you bought the house knowing all those things.

And no I wouldn’t, because I wouldn’t put myself in that situation.

Well there is a law against high hedges and I’m looking for some help on how to approach my neighbour here. You are just sending negative remarks and you are not helping so please leave me alone. I have enough negativity and don’t need more from you

Then why would you post in AIBU if you’re not willing to hear YABU?

The op bought the house over 20 years ago when the other owners maintained their trees. She didn’t have a crystal ball which told her that 20 years later a different owner would not maintain their hedge.

Write the letter op as these hedges are an eyesore and if people insist on having them they should be maintained.

Ok I have heard you now go and seek attention elsewhere

Thanks dontwearthelittlestuff, no I didn’t know this would happen, the neighbour has had a difficult time as her husband left but makes her own life difficult by being rude to neighbours ( not just me) so unapproachable. It’s a tricky situation

I remember when working on a development property we were dealing with at work, existing neighbours had put in some sort of claim under Right to Light. I don't know anything about it though other than through googling. But the neighbours were compensated financially by the client.

This should be in Property or Legal Matters. Might get more relevant responses there, though @665TheNeighbourOfTheBeast seems to be on track.

Thanks that’s interesting so is right to light different to high hedge? To be honest if I go on the high hedge she doesn’t have much of a left to stand on as the trees are between 8 and 13 metres tall

You can email her using delivery receipt, or you can send her a recorded letter, simply stating that under the high hedge law, hedges should be kept to 2m, and the hedge on her boundary has grown taller than that.

You quite understand if she does not have the time or tools to cut the trees back herself, and you would be happy to do it for her.

If she then refuses, contact the council. Good luck.

Oh should I move this discussion? Sorry

Thanks Minjulia, I will search for a reasonable letter. My husband has in the past made some attempt to cut what he can reach but is now recovering from cancer and says let her do it! I couldn’t agree more

I thought there’s a new law about lylandi and height? If it goes over a certain height you can do something?

Personally if they are over your boundary you have the right to cut trees back to your boundary, giving the clippings back

I would send a formal letter asking to to either cut the trees back to whatever the height is mentioned above, or you will cut back all overhanging branches as the law allows and will return them to her

You might expect light but you are not legally entitled to it in relation to trees in a neighbour's garden.

Hi I’m reading up, I think the hedge height and light are two separate laws. Sorry I don’t know how to reply to your lovely replies.
In terms of us cutting the overhang, a, we have done it before and because they are so high it costs hundreds, b, she comes round and screams saying we touched her property,

The trees were there before you moved in so technically your light hasn't changed.

They are at least two metres taller and because the boundary is so close to my house the change is significant