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Neighbours huge tree

30 replies

Sunshineeeee · 18/07/2020 23:09

Any advice/ tips on anything I can do regarding a huge tree my neighbour has. I don't mind the tree, in fact I really love it. Only recently it's grown so much at the top that my garden is now constantly in shade for most of the day. It never was a problem before but my vegetable patch (which would get direct sunlight if the tree was a few feet shorter at the top) is not getting sunlight for most of the day.

Is there anything I can do? Could the council help? The tree is in a house opposite to mine so I'm not exactly sure which house it belongs to... my first step would be finding and speaking to the owners.. but it's a huge tree. I can't imagine them undertaking the task of trying to tame that beast. I fear for my poor veg patch.

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MereDintofPandiculation · 19/07/2020 10:01

It's not a beast! It's a tree growing according to its natural habit.

You could suggest to the neighbours that you would pay for it to be professionally pollarded. Is it deciduous or a conifer? Pollarding will work with many deciduous trees, but not with conifers. Otherwise you could move your vegetable garden.

If your neighbours are in a Conservation Area, any work on the tree will need Council permission. Otherwise, it's not a Council matter - there isn't any right to sunshine in your garden.

Sunshineeeee · 19/07/2020 11:12

It's a deciduous tree. Seeing as my garden is very small I can't move my veg patch anywhere as it shades the entire garden. Definitely not a conservation area. Actually it is a right to have sunshine in your garden thus my post. It's in the Gov.Uk website. I just need advice from anyone who has been through this or could give some input.

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Percephone · 19/07/2020 11:45

I'm not sure what you read on the Gov.uk website but generally only high hedges are considered a nuisance, it would not apply to a single deciduous tree. Your best bet would be to offer to pay for the tree to be trimmed if they aren't willing to have the work done themselves. My parents successfully had a neighbour's high hedge removed but it was a lengthy process, part of which was proving that it was actually a hedge and not individual trees.

BewareTheBeardedDragon · 19/07/2020 19:20

I think your best bet is to be very very nice to your neighbour, explain the issue and be willing to contribute to the costs of pruning or topping the tree. Definitely don't go and tell them you have a right to light in your garden, or imply in any way that you could or would force them to do anything (not saying you would do that).
You seem to feel that they won't want to do anything about the tree, but they may be perfectly amenable and sympathetic to your veggies plight Smile

Greenkit · 19/07/2020 19:22

Why not invite them to come and look at the problem and see if they can come up with a solution

WhoWouldHaveThoughtThat · 19/07/2020 19:31

If I had a tall tree and my neighbours mentioned it in a non-agressive manner I would be quite amendable to sorting it out - if they offered to pay (or contribute) I would very happy. I don't think one needs to drag in authorities until every reasonable path has been exhausted. But I'm happy with an easy life...

Sunshineeeee · 19/07/2020 19:37

I was quoted £4-700 for it to be pruned. I don't have that sort of money and I don't think my neighbour would either. Yes that sounds awfully judgemental but we live in a poorer neighbourhood. I assumed they moved in and the tree was already pretty large. There's no way it suddenly grew that big recently.

I was planning on speaking to my neighbour and asking them and then mentioning whether I could ask the council to cut it and if they'd be willing. After reading some posts though it seems they probably won't be willing.

I also have no idea how they'd get the proper equipment in to prune the tree. Our houses are really tight-knit and practically one on top the other.

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WhoWouldHaveThoughtThat · 19/07/2020 19:52

I can understand that, maybe speak with your neighbour about the issue, they may be amenable to dealing with it or splitting the cost. I think the worse thing is ending up with a unfriendly neighbour.

Jumblebumblemess · 19/07/2020 20:01

If the tree is on private land you have no chance of getting the council to prune it for free. I suggest you save up and then approach the neighbours and ask about having it trimmed at your cost. Why should they pay to have it trimmed when its affecting you and not them?

verypeckish · 19/07/2020 20:31

@Sunshineeeee

It's a deciduous tree. Seeing as my garden is very small I can't move my veg patch anywhere as it shades the entire garden. Definitely not a conservation area. Actually it is a right to have sunshine in your garden thus my post. It's in the Gov.Uk website. I just need advice from anyone who has been through this or could give some input.
How long have you lived there?
dodobookends · 19/07/2020 20:39

A right to light applies to receiving light through the windows in buildings, not sunshine in your garden.

thisparentinggig · 19/07/2020 21:50

Right to light is the legal route if you cannot come to an amicable arrangement with the tree owner and a tree surgeon...not recommended tbh because a tree surgeon is usually much cheaper than a lawyer Grin

Sunshineeeee · 19/07/2020 23:03

@thisparentinggig as much as your post depresses me it also gave me a chuckle. Very sad but true. Alas I guess I'll have to get used to no sunlight.

Thank you all for your replies. Doesn't seem much I can do.

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Sunshineeeee · 19/07/2020 23:04

@dodobookends thanks for the clarification. Someone told me it applied to the garden too. Never mind.

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Sunshineeeee · 19/07/2020 23:07

@verypeckish 5 years now. The lack of sunlight is just really starting to get to me now. In the winter it's perfect but in the summer it's so shaded. The irony.

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Sunshineeeee · 19/07/2020 23:08

@BewareTheBeardedDragon yes I'll be there tomorrow to have a word. First step is finding out which house it is 😁.. it's one of the houses adjoining my garden so no idea what number it is.

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BewareTheBeardedDragon · 20/07/2020 07:21

How tall is it, and how close is it to their house? I have to inform my insurance company of any tree over 3m tall within 5m of my house. Just wondering if that might be an angle that might make them interested in it from their own POV? Do you know what type of tree it is? That would tell you how tall it is likely to get if left unchecked which might be useful info.

AmIAWeed · 20/07/2020 07:27

Can you use Google earth to work out which house? If you can zoom in enough then place the little yellow man on the road in front it may have some recognizable features to help you when you walk round later?
If the houses are tightly packed it may not just be you with an issue. £400-700 is alot, but perhaps between a few houses it may be more reasonable?
Also, with any luck they rent and have a landlord? Would cost far more for the landlord to pay structural damages than have the tree pollarded and if it is that big, with houses near whilst it may only be light now, what's another 5 years of growth going to do?

Sunshineeeee · 20/07/2020 09:47

@BewareTheBeardedDragon it's pretty tall. About 25-30ft. It's a sycamore so probably explains why it's grown so much the last few years. It's literally in the border of our gardens so at the back of theirs. I initially thought it was in mine and would have asked my landlord to deal with it.

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Sunshineeeee · 20/07/2020 09:51

@BewareTheBeardedDragon sorry that was way off. It's the size of two houses so my husband just told me that's about 40ft.

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Sunshineeeee · 20/07/2020 09:52

@AmIAWeed yes you're very right. Most of us are renting. I will go have a word and perhaps speak to the neighbours who adjoin me also and have it overlook their garden too. Thanks. Didn't think of google earth.

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MereDintofPandiculation · 20/07/2020 10:21

Actually it is a right to have sunshine in your garden thus my post. It's in the Gov.Uk website. Could you send me a reference for that, because it's not my understanding of the legal position.

This is one of the many articles written by legal specialists covering this area:
www.inbrief.co.uk/neighbour-disputes/trees-blocking-light/

I also have no idea how they'd get the proper equipment in to prune the tree. Our houses are really tight-knit and practically one on top the other. Harness, ropes, chain saw. Don't need a lot of room. The big equipment is a chipper to dispose of the brash but there's ways round that - it's more convenient to bring the chipper to the tree, but you can take the tree to the chipper.

Sunshineeeee · 05/08/2020 15:27

Hello all, just thought I'd update. I spoke to the council and they said if it's one of their houses they will sort it out. Also spoke to the neighbours and they all want it gone but couldn't afford it. Lucky for us it is a council house and now they will take over and send someone out.

Sorry mere I read it online somewhere and can't find the link. It was on a legal website. I think it greatly depends on your council. My council are more than happy to cut it down if it impedes sunlight. I only wanted it cut in half as I'm rather fond of it but the neighbour whose garden it is in is having all sorts of issues with its roots and wants it all cut so I think that's what will happen.

Thank you all for your help.

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NotMaryWhitehouse · 05/08/2020 17:34

@Sunshineeeee that's really great, well done! I HATE it when people get rid of trees for no reason, but people forget that trees need to be pruned and maintained, just like any other plant. Hope it's sorted for you soon.

PickAChew · 05/08/2020 17:42

There is no right to sunshine in your garden. Houses wouldn't be built with North facing gardens if there was.

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