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.

Contact the council and then if they won’t do anything and it’s damaging your shed or a risk to your house / property -contact your legal cover via house insurance. Make sure they have been given fair warning eg copy of a letter you have already sent:

property number 27 high road, postcode sent on 1st January 2024

Further to our conversations about the impact of your two trees of species x which are right next to the boundary fence. We have asked to to trim these back as:
they are damaging our shed
they are damaging the soil and plants on our side as the roots are far reaching and can spread up to ….metres away from the trunk for a tree of approximately…, insert height of tree.
they are a potential risk in a storm having not been trimmed for at least insert number years and having not regular professional maintenance in this time and you could be held liable for all damage of said trees in a storm doing damage
they also constitute a hedge as their are more than two and therefore need to be no more than 5 foot high

you are fully aware these are your trees and your responsibility. They are blocking light for insert number metres squared off our garden between the hours of insert here. We have a right to have light and not shade and not being able to grow our own plants in this area of our garden. As neighbours we really hoped you would see our side with empty. We really have tried to resolve this with you amicably. Unfortunately you have refused to cut them, so we now need to apply to the council, start legal action for the damage to the fence and shed and contents and we would really rather you were reasonable - and we can arrange them being cut without this action. If you wish to discuss - given we have refusal thus far- we will be instructing our solicitors within 7 days.

send a copy to them and the council

Ps I don’t know if it helps, but someone in my family had a neighbour with a huge tree that was overhanging the road directly towards their house. Right across the road. But also touching their house. Neighbours refused to cut it back. Council said it wasn’t on them as it was in a property and their tree.
My relative wrote to the council and said fine - any damage to our house in a storm or indeed any damage to the road beneath or a car or a child on the road from a dead branch which is looking more and more likely- you are responsible and we will be instructing any damage to our property to be the responsibility of the council and neighbour Mr and Mrs …..who have both been warned about the branch over hang which goes across a road and over our boundary as well. We can’t trim it back / it’s too high, across a road (which we don’t own etc) and touching our house - we are happy for you to take full legal responsibility. I don’t know if their position had any merit on law but funnily enough contractors were out and the road was shut less than 2 weeks later and it was all cut back to within their garden - it also now has a trim once every two years.

You won't kill it. My neighbours have a leylandii hedge, I cut it right back to the fence line. Beware if you do this it will be ugly and brown forever. (I planted in front of it.)
I also dug a trench knee deep and removed all the roots.
It has almost stopped growing 😁 It has survived every storm and I'm on a hill.

I don't think high hedges act will work for two plants. I'm sure it has to be three of the same.

I always question about my leylandii whether an ugly brown bush is objectively any uglier than a brown fence. I decide it isn't and then cut it back as much as I can
Still haven't managed to kill it and I can't even keep a cactus alive!
The only thing worse than leylandii is ivy - that stuff is also indestructible!

A couple of problems with @Thefutureisourownpath’s draft. Firstly, you do not have a right to light in your garden. “Right to light” refers to natural light through windows into a building.

Secondly, there is no legal limit on the height of a hedge.

@MereDintofPandiculation

apologies if I was wrong but I was going by this:

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

What are high hedges?The term ‘high hedges’ was subjective until it was defined by the Anti-Social Behaviour Act 2003: Part 8 in 2005. This is a summary of what constitutes a high hedge under the law:

The hedge is more than 2m (approx 6½ft) tall (there is extra guidance for hedge heights on slopes)
A hedge is defined as a line of two or more trees or shrubs
The hedge is formed wholly or predominantly of evergreens (these don’t lose their leaves in winter) or semi-evergreen ones (that stay green most of the year)
Bamboo and ivy are not included
Where a hedge is predominantly evergreen, the deciduous trees and shrubs within the hedge may be included in the work specified. However, a council can exclude specific trees or require different work
Making a complaintThe high hedges legislation has been designed so that the general public is able to use it without the need to involve lawyers. This would be a simple sequence of events:

Where you feel that a hedge is too tall and affects the ‘reasonable’ enjoyment of your house or garden, the first step is to negotiate with your neighbours. Keep a copy of any letters to demonstrate you have tried.
If negotiation is unsuccessful, contact your local council to enquire about using the high hedges legislation. There is a fee for making a complaint (typically £400) to deter frivolous applications
The local council will consider both sides’ cases and make a decision
The council will reject the complaint or issue a notice for the work – including the period in which to cut the hedge back and by how much
There is a chance to appeal
It is advisable for the hedge to be cut below the requested height. This will allow the hedge to grow in between trimmings, but still remain below the stipulated height
For more information on the complaints procedure, see the Communities and Local Goverment website: guidance on high hedges legislation.

How much will the hedge be cut back by?Although the law states that a high hedge is more than 2m (approx 6½ft) tall, this is not necessarily the height to which a hedge is reduced. The final height will be decided by your local council based on the requirements and information provided by the complainant and hedge owner. For example, the following issues can be taken into consideration:

The hedge blocks too much light to a neighbour’s house or garden. However, the legislation does not guarantee access to uninterrupted light
The hedge is on a slope, so is more overbearing
The hedge blocks a view. This is a valid complaint but, by itself, is unlikely to be enough to justify action
There are guidelines (not mandatory) in the government’s Hedge height and light loss.

This does include blocking light to a neighbour’s house or garden - I was going by the above and 2 or more trees make a hedge. There may also be an argument that if there are glass panels on your shelf light should be able to shine in from the neighbours side. I have heard of cases where light was blocked from patio or plants by huge trees in my former living part of the country and the council made them cut them down.

so I though your garden also has a right to light

I’m not an expert but my previous advice standards write them and the neighbours a letter copy to council wait.

@Thefutureisourownpath ”Right to light” is a specific legal concept relating to light through windows being blocked. It doesn’t apply to gardens.

The RHS reference says correctly that you can’t apply to the Council under the high hedges act if the hedge is less than 2m high (I’m not sure where you got your 5ft from), and implies the owner will not necessarily be told to reduce it to this level. The Government guidance specifies that the Council cannot order a hedge to be cut to a height less than 2m.

I'd just contact the neighbours and simply say that you are going to cut back the overhanging portion (seek a different surgeon to get advice on what can be cut back your side).
That's the main thing you can do without too much fuss. The other stuff like contacting council will be a bit contentious with neighbours if they are keen on keeping it .. you may not want to do that if you want to remain in good terms. But cutting back overhang is absolutely in your rights

The Council will also charge a fee, one Council I looked at was charging £330.

Many years ago I bought a house and the neighbours at the back had leylandii.

2 years later I had no light in my small terraced garden as they had grown so much they blocked out all light.

I asked the neighbours if he would trim them / cut them back - he refused.

My dad came over & knocked copper nails in them. They died soon after and neighbours had to pay to have them removed.

Have you actually communicated the advice from the tree surgeon to them?

I would go over there and let them know that you intend to remove the overhanging branches (which is your right) due to damage to your property but the tree surgeon has advised you that this may cause the tree to counterbalance and fall into their garden. Ask them if they would like to contribute to the cost and have the tree trimmed back on both sides or whether they are happy to take the risk. If they’re obsessed with privacy they may agree if they think their tree may be destroyed.

Follow up in writing if they decline so you have evidence. Find someone willing to lip the branches off on your side and hope for a big storm.

They can of course claim against you if their tree fails as a result of your pruning, and warning them in advance that this might happen would make it difficult for you to say "I used a reputable tree surgeon and there's no way my pruning could have caused this".

So your dad committed a crime then?

Copper nails is also a myth.