To believe my neighbour is responsible for damage done, and not me?

[llizzie]

I had a disabled living extension with a flat roof built at the side of the house, The gas boiler was installed in the room at the top of my wheelchair ramp. Two years later the neighbour planted trees which now tower over the main house and spread across the flat roof. The flue is 3 metres away from their opening windows/doors. The front of my house is 3mtres back from the rear of theirs. The trunks are on the boundary and I cannot access them to cut the branches back to the boundary. They can only be accessed from the neighbour's house. The branches now cannot be cut back unless the height is reduced. It is illegal, apparently, to reduce the height.
They do not affect my view or my light. I cannot see them unless I go outside, yet they are damaging my roof.

Complaints go unanswered.

In 20/11/2023 my boiler stopped working. It flagged up blocked flue. On 18/12/23 it stopped again, same reason. On 26/12/ it stopped again, same reason. The manufacturer refused to repair the boiler a third time because they said the flue installation was to blame. Eventually the boiler was fixed in June 2024. It is a long story.

I complained in writing to the police who did not reply. Then last month the police rang me and told me I have the legal right to cut the branches of the trees growing across the roof and blocking my gas boiler flue.

If I did NOT exercise my right to cut the branches back, it is my own fault that my flue is blocked with dust and vegetation from the trees.

I find that unreasonable. The trees are now about 50ft tall. They are on my neighbour's garden. The trunks are the boundary line. They can only be cut back from their side and they have denied access. Also, the trees would have to be cut down to below my roof level, and I am told it is illegal to reduce the height of someone else's trees.

I have now raised the money to have a new boiler installed somewhere else in the house and a new flue. In the long run it would probably be more cost effective.

Do you think the police are right to tell me - when I have complained to them for years and they never said this before - that any damage the neighbour's trees do to my property is my own fault for not cutting the branches back. Bear in mind I have no access to them. The photo was taken 6 days ago.

The police are legally correct.

Morally your neighbours are twats. But the police are correct.

It’s a civil issue not a police matter.

Look at your house insurance and see if legal cover can cover this.

You might get more help from your local council than the police. This isn’t a criminal matter.

Why can't you cut them back? Get a tree surgeon or decent garden maintenance company and they'll use a cherry picker or a small tower (you can build on site easily with a long pole saw.

I don’t know if this is true but I’ve heard that you have to return the branches etc that you cut to their owner. If thats the case then a whole pile of branches can be placed in their garden. Do check this out though.

Does your flue not have a cap on to stop debris getting in? I can't tell from the photo.

You do have access though surely? You could have them trimmed from your side quite easily looking at that photo

Get a gardener. They can cut back anything on your side of the fence. Why did you have your extension built so close to the boundary line? I'm amazed you got planning permission.

from the photo, it looks pretty easy for a competent gardener to put a ladder up to walk on your flat roof and cut the trees back to the boundary line. that would keep your flue clear. Keep doing that once a year and all will be fine.

That could be chopped from your side. Mini chair saw on a pole. Or a gardener could sort.

I can’t understand why you couldn’t get the overhanging branches cut back without reducing the height?
The law allows you to cut any vegetation on your side of the boundary as long as you return the bits to the neighbour.
I think your options are to employ someone to cut from your side via flat roof if possible and then claim whatever costs from the neighbour via small claims court or if you really do need to be on their land to prune and the neighbour is unresponsive get a court order for access under the access to neighbouring land act 1992 and chop the branches from their side. In that case ask for your costs getting the order to be awarded against the neighbour and then small claims for other costs.
It is ridiculous that your neighbour is being so awkward of course but there are such people about unfortunately.

The police are correct. The police exist to deal with crime. This is not a criminal matter.

It it relatively straight forward to put walking boards across your flat roof and get someone to cut back the overhang of the trees. You would need to do this once a year.

Looking at the photos you have a gap between the boundary and your wall so it should be possible to access them from your side.

The good thing about leylandii is that if they are pruned back to the trunk, they seldom regrow. Don't forget to offer the prunings to your neighbour.

Very easy to cut that from your side from the pix! Hire a gardener or tree surgeon, they will either use a ladder or climb on the flat roof

You need to offer the prunings to your neighbour. They can decline them.

Second previous comment about leylandii. They are unusual in that they grow away from pruning. Get someone in to prune them back to the fence line and you may not need to worry about them again.

Unless there's a tree preservation order on the tree, the wrong of reducing the height of a neighbour's tree is only a civil matter - not a crime. They could take you to court for the damage done, and obviously you would countersue for the damage done to your house, and if you are sensible you'll then go to mediation and agree that actually it's all ok and now the tree is a sensible size it can be kept under control.

Go ahead and get the tree cutting done asap. Get scaffolding put up onto your flat roof for access if necessary.

This! Get a tree surgeon in; if you cut back to the brown they won’t grow back.
much cheaper than relocating a boiler

Gardener here. The tree is as people say Leylandii

Your roof will be strong enough to hold one or two people, and they can cut this menace of a tree right back to your neighbours boundary line, lawfully.

and as people say it will not grow back , not that much.

as long as this is done before nesting season.

Twice you say that you don't have access, but the photo clearly shows that you do. Get someone in to cut everything on your side.

This is nonsense.

From someone who has a neighbour with 10 meters of leylandi on their side next to our garden.

we prune every year from our side, trust me it still grows.

It's a complete PITA and you shouldn't have to deal with it but can you explain how/why you don't have access? Have you had tree surgeons out to quote and they have said a flat no, they can't reach them? Because from the photos they don't look inaccessible and I'm struggling to imagine how branches growing on your side of the fence, and right on the boundary, could ever be accessible from your neighbour's side.

I think you could utilise the high hedges act via the council to enforce them to reduce the height to around 6ft.

Your neighbours are arses.

Look it up on the government website.

If it is 2/3 leylandi planted together then the High Hedge Act is your friend. Complete whatever form is on your council website.

I successfully got a neighbour’s ridiculously tall leylandi hedge reduced by two metres. I had asked neighbours nicely but they gave some bollocks that it will damage trees but leylandi hedging is nothing special.

leylandi will not have a TPO

I'd be more worried about the roots personally, they could damage your house and drainage.