Neighbour's giant leylandii and their refusal to let us trim it

[LikeBeesToHoney]

Our garden is north facing. At the bottom of the neighbour's garden (to the right of ours) are 2 absolutely giant leylandii. I would say 30m tall. One of the leylandi's trunks leans on the fence between us but is on their side. Because of that virtually half the branches of the tree are completely on our side of the garden.

We have a shed that sits under the tree on that side of the garden and as the tree is growing, it's becoming more and more problematic. Nothing grows underneath it within about 20 foot because it sucks up so much from the ground and it seems to have a few new branches that are damaging the roof of the shed.

It's not blocking our light (because the garden is north facing). The neighbours are enormously difficult people who have a paranoia about their own privacy (hence the 2 giant trees). They also have hedges above the fence line on both sides of their property.

I called a tree man to have a look at it and because of its size, he does not want to cut the branches on our side without counterbalancing it on the other side. The neighbours do not want it cut back at all. If it's not safe, we can't cut it (understandably) but I'm just wondering if anyone has been in this situation. Are we stuck with their giant monstrosity if they keep saying no? They cannot cut it from the top to stop it growing because it's too tall.

Check if it meets the criteria for this.

www.gov.uk/government/publications/high-hedges-complaining-to-the-council/high-hedges-complaining-to-the-council

I agree, I think the council would take issue with this one. Leylandii in full growth can reach huge heights and are totally unsuited to domestic gardens. They are an absolute pain in the whatsit.

Pour a gallon of diesel over the roots?

thanks all - those are really useful links

I don't want to kill it in case it topples over at some point as it's absolutely massive!

https://www.rhs.org.uk/plants/types/hedges/nuisance-overgrown

And poison the OP's own garden as well?

I feel your pain. We have exactly the same thing. We do cut branches off encroaching over our garden. They shade my veg plot,yet,if a tiny bit of one of our shrubs hangs over theirs, they are first to complain.

I would certainly get the branches cut back which are damaging your shed.

Tell your neighbours you have the right to trim back overhanging branches and engage a different arborist.

Anything your side you can cut if they don’t want it falling their way they’ll have to get a surgeon in to trim their side up so go ahead and trim it back it’s their responsibility to keep it under control

Listen to me: do not get engaged in a neighbour war/legal battle. You will regret it. It never ends well.

Just keep it amicable and try and negotiate a compromise such as you contributing to the cost of the top being trimmed by a tree surgeon, or alternative screening options like screening trees that are more slow-growing, frosted pvc panel screening etc.

I would chop it back myself on your side and I think you have to offer the branches back to them? Speak to the council, if the trees are so big that they're dangerous, they might be able to do something.

Cut anything on your side as is your right. Their problem if it makes it unsafe.

I'd start with the council - the best solution is for them to tell the neighbour it needs cutting back to a specific height.

Failing that, I really would just get someone in to cut it back on your side. You could ask the neighbour if they want their side doing at the same time and to split the cost but make them aware you'll be doing your side regardless and if that unbalances the bushes, it's on them. I wouldn't be rude but I wouldn't pussyfoot around this either - their failure to manage it is damaging your property.

Yes I'd do this. Presumably if 'your half' is trimmed right back the danger is the tree will fall , but towards their side?

You need a rogue tree-surgeon to join you in your plan!

Tbh, while the tree surgeon may not have wanted to just cut it back on your side, he ought to have done as you asked because what you asked for is perfectly legal. If he wanted to offer his services to the neighbours as a separate transaction, to level their side, fair enough. But he ought not to have refused cutting back the overhang on your side. Not your fault the neighbours are inconsiderate.

make them aware you'll be doing your side regardless and if that unbalances the bushes, it's on them. You don’t need to worry about cosmetic aspects, but if your pruning damages the tree or causes it to fall, you will be liable. You would be considered to be negligent.

Is that the case even if the OP is only cutting back what overhangs on her side?

If that is true, I'd put my intentions in writing (trackable) with a time frame giving them the opportunity to do it themselves, so they can't argue they weren't warned. But I certainly wouldn't put up with my property being damaged because they won't deal with it.

A reputable tree surgeon will not cut back a tree if it endangers the health of the tree, just because a client has asked them to.

If the neighbours are refusing to work on them and sympathetically pruning the overhang isn’t enough then contact your council regarding the high hedge legislation others have linked to. Bear in mind though that it will be the end of any chance of amicable relations with your neighbours and it takes a loooooong time to resolve.

It's just leylandii though, not what I'd call a proper tree.
Honestly I doubt you'll kill it - I've got it in my garden (thanks previous owner of my house) and it's bloody indestructible (I've tried). Can't afford to get it dug out from the roots but I do cut it back as much as I can.
If my neighbours wanted to go at it from their side with a chain saw I'd fully understand and wouldn't object at all.

Bear in mind though that it will be the end of any chance of amicable relations with your neighbours and it takes a loooooong time to resolve.

This is exactly what I meant. Whichever of you and your husband is more friendly with them should go over at a time when you're not feeling stressed about it and try and explain your side of things calmly and in an easygoing way. Explain your position and how it's affecting you, and put forward suggestions to them that will retain their privacy. This is so much better than legal routes. Remember you've presumably got to go on living next to these people! I am speaking from bitter experience here.

Yes. She’s allowed to cut what overhangs, but not allowed to damage or kill the tree.

You need to measure the size of your garden, the distance of the hedge from your wall . There is a maximum height that trees can be that is calculated by how it affects the deprivation of light into your garden.

We had long discussions about our neighbours mammoth hedge and in the end compromised . Such a relief.

Absolutely this.

In my experience, people silently seethe about their neighbour’s trees for ages then something tips them over the edge and they go in all guns blazing demanding that the neighbour cut the tree down. Either that or they approach the neighbour with a massively over-egged complaint (the tree could fall and kill my kids, the tree is ruining my life, my whole house and garden are in perpetual darkness, etc) then wonder why the neighbour tells them to do one.

Of course there are some people out there who are inherently unreasonable and nothing will budge them. But 9/10 times approaching them in the right way will help get them to work with you. The OP’s neighbour has already said they’re very concerned about privacy so I would find a tree surgeon and ask them to suggest work which will improve the OP’s side as well as retaining the owner’s privacy. Offering to pay towards it is always a sweetener too.