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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Neighbouring trees over my garden

59 replies

curlymom · 26/03/2020 16:56

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?

OP posts:
curlymom · 26/03/2020 20:28

Nice and concise! I like it, thx

OP posts:
ElsieMc · 26/03/2020 20:30

Hi op, we have a high hedge for privacy reasons as we adjoin a courtyard where we suffered anti social behaviour and it was an absolute last resort. We are at the bottom of a hill and the courtyard is above us so overlooked our garden.

New neighbours moved in and moaned about the hedge which was there when they chose to buy -they got the property cheaply. They also complain about trees (not ours) birds making a noise and parking from the nearby residential home which was also there when they bought.

The 2m rule is not strictly imposed by the Council. If you go into detail there are some complex measurements and other issues they take into account. Our hedge is not in front of their house - it starts after the last window as we wanted to avoid loss of light to the property concerned.

Although they have been a real pain in the butt since they moved in, we agreed to reduce the hedge. They said they would like to contribute, but of course after we paid the contractor this was never forthcoming. I did not ask for money.

They tried to use right to light, but there is no right to light under common law, a little like people think they have a right to a view. I am a reasonable person, did my best but getting a letter would really piss me off op.

I think things have got out of control and she is avoiding having to pay for something that does not affect her at the moment. I would suggest that you approach her and ask if she would please reduce the height and offer to pay as a one off not an ongoing maintenance situation. I assume the previous neighbours paid for the works.

Yes, you could go to the Council. Ours told me they deal with very few of these cases often because there is an initial outlay of several hundred pounds. Why don't you speak to your council first and view their documentation rather than often conflicting advice on the internet.

I can see both points of view here. Just offering another perspective. Again, timing is all.

curlymom · 26/03/2020 20:56

Hi Elsiemc thnaks for the info. Our houses are kind of opposite ways and for he the trees are at the side and for me right along the back of my house. She knows they are an issue and is slowly letting the height go up even though the tree guy comes and trims twice a year they are getting higher. She has refused to enter any discussion about works in the past insisting she wants privacy. I know the 2m rule is not strictly 2m. I’m quite sure other houses have already complained ( neighbours other sides too ) but she just shouts at everyone. Approaching her is the hardest part, it’s not nice for my children to listen to her shouting although they are older now

OP posts:
FallonSwift · 27/03/2020 14:02

Just to say that our council did consider right to light - it very much depends on the position of the hedge. In our case it was 10ft away from our windows and we had to put the lights on in our living room during the day to use it, because it was so dark and overshadowed.

pandora206 · 27/03/2020 14:33

I had a similar problem with a neighbour's Leylandii trees although theirs was a rental property so I could not deal with the owner directly.

There were a number of issues: the trees were overhanging our garden by about 10 ft and were as high as our house; there was an area of ground where nothing would grow and the grass had died, our garden was totally in shade from about 2 pm (despite being south facing), and the trees were pushing the fencing down. I was also concerned that the roots may impact on the foundations of my property (about 40 feet away) particularly as the soil is heavy clay. I took lots of photos to demonstrate the issues. (I've lived in the property for nearly 20 years. I think the trees must have been planted about 12 years ago).

As the landlord did not live in the property I contacted their agent. My neighbour on the right hand side also had the same issues with the trees and contacted the agent too. I also emailed our Local Authority who offered 'mediation' at a cost of £450!

Fortunately the agent eventually persuaded the landlord to remove the trees completely (to stumps on their side) so the problem was eventually solved. We now have light. However, it is taking the lawn a long time to recover and I had to engage a tree surgeon to grind the old roots on my side so I could erect new fencing (as they had grown above the surface).

If I had not had any success I would have gone down the legal route and contacted a solicitor. Leylandii trees are a menace!

curlymom · 27/03/2020 18:37

Thanks for your reply. I actually would believe you lived in my house. Exact same. Our fences coming down. No light after 2. Dry ground for about 6 ft

OP posts:
frostedviolets · 28/03/2020 12:13

I’m afraid I am in agreement with heartsonacake
Happens all the time, post in AIBU and the second someone says yes I think you are BU for x reason it’s suddenly I’m NOT, you’re so mean, go away!

Leylandii are horrible things and I do feel sorry for you as they do block out all the light and you can’t grow anything near them as they suck all the nutrients out.
I think they should be banned for residentials tbh.

However.

They were there when you moved in, everyone knows leylandii are beastly things that grow to ridiculous heights and block out all the light.

To assume that the same neighbour would live there forever and any possible new neighbour would continue to maintain them to the same standard was naive.

The new neighbours may well have bought the house because of the trees.

I think that you will end up causing a great deal of tension between yourself and your neighbours.
Is it really worth it?
If they really make your life unbearable as a result bear in mind as well you might find it seriously difficult, if not impossible to sell the house as you’ll have a dispute listed in addition to the hideous trees.

copycopypaste · 28/03/2020 13:09

Go down the legal route if you're not planning to move anytime soon.

Cremebrule · 28/03/2020 13:37

We’ve had leylandii removed and it has made a massive difference to our garden and our neighbours’ ones. They really are a pest it they grow too big. It has cost us quite a bit but it has been worth it.

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