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As a first time homeowner, how should i proceed wrt neighbours

4 replies

Earlybird · 03/04/2011 17:57

Have always lived in flats until now. As I first time homeowner (with a garden), I have two queries:

  1. Neighbours on one side have huge trees in their garden very close to the fence between our properties. Some of the branches 'reach over' the fence (high up) and shade that part of the garden keeping the ground moist/soggy, and making it virtually impossible to grow grass. I also have PILES of leaves from their trees in my garden in the autumn, which of course, I clear away.

Can I ask them to have the branches that overhang trimmed? If they agree, presumably I would pay? Would they need to/have to 'approve' the degree of trimming? Any other considerations?

  1. Neighbours to the rear bought their home a few years ago, and about a year ago completed a major addition/extension. They also completely re-landscaped and terraced their garden (which slopes down toward mine - gardens are separated by a fence which I own/maintain).

Everything is fine during a 'normal' rain, but I now have a problem with runoff/drainage during heavy rains which did not exist prior to their garden work.

A bit of background: runoff drainage was a problem in the past due to natural slope of the land. Prior to neighbours moving in, I spent thousands of pounds addressing the issue, and had a drain installed on the back property line (just under the fence). With their new landscaping, water now runs to a different spot and NOT to the drain that was installed.

What steps can I take to resolve these issues amicably? What are my legal rights?

Thanks for any advice.

OP posts:
sneezecakesmum · 03/04/2011 19:34

Any tree branch overhanging the boundary of your fence can be cut down by you without permission as long as you hand them back - or chuck them into their garden! You'd probably get on better with them if you asked nicely tho!
There are different issues regarding heights of trees. I believe if an evergreen hedge is over a certain height (?6'??) the owner can be asked to trim them back and foot the bill if they are blocking your light. If its not a hedge its not cut and dried (so to speak) as our neighbours found out - their once south facing garden is in deep gloom because of a few 30' leylandii, but because its not a hedge they were stuffed legally.
Your neighbour should have asked your permission to let excess water drain onto your garden and its their responsibility to remedy the issue with adequate drainage piping. What a cheek!

On both these issues nice talking to neighbours is in order or the only answer is the legal route and this can be pretty expensive. Your local council may be able to advise you free of charge regarding property matters but not to help you I think.
btw. No cutting trees with a preservation order on them! Grin

Earlybird · 03/04/2011 20:04

Thanks for the advice. As always, these things are a bit complicated. There are actually two homes behind my back garden fence.

The neighbour with the drainage issue insists (the north side neighbour), insists in casual conversation that the drainage issue is mainly coming from the neighbour next to him (the southside neighbour)! There is significant run-off from the southside neighbour too, but as water flows down their drive, it is nothing new and was allowed for when I had the drain installed.

I think part of the problem is the northside neighbour has 're-contoured' his land when he did the new landscaping. Also, he removed alot of ground creeper which was near the fence which previously slowed down the flow of water. Now that it has been removed, the water flows unimpeded.

We have had no serious discussions yet, but northside neighbour has indicated in casual conversation that he intends to build up a soil berm/mound to protect his land from southside neighbour water flow. This will create much more of a problem for me. Btw - northside neighbour recommends that I should have another drain installed at the fence line to solve the problem. Hmm

OP posts:
sneezecakesmum · 03/04/2011 20:35

Its really their responsibilities to sort out legally, but in practice expensive, time consuming, stressful and does nothing for neighbourly harmony! Maybe some legal people have ideas about a shortcut to sort this out.

Have you thought about a bog garden down there - they are really nice but rely on continuous natural rainwater, so you can bet it would be a dry hot summer! Or a pond with a boggy surround which you can top up with a hose. Kids love to feed the fish Grin

Earlybird · 03/04/2011 22:53

Hmm - thanks for your thoughts.

The garden isn't big, and I live in a place plagued by mosquitos, so a bog pond wouldn't suit - would be a perfect breeding ground for the pesky insects!

Will continue to think about this a bit more.

OP posts:
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