Neighbouring Tree problems.

[WillowSpider]

I didn't quite know where to put this, but i'll try here first.

The neighbours to the back of us, their back garden backs onto our back garden, have some large tree problems, - well the problems are ours really

I want to approach them with a letter to ask if they would trim them and wonder if I have any legal leverage or not, I can't find anything in what I've been looking at so far, only what is reasonable to do, but not compulsory.

Firstly is their weeping willow tree; - since we have lived here, over 12 years, it has appeared and grown I would say about 30ft. We only have short gardens so I guess its root system would be near our water drains by now, not that this is an apparent yet but I understand can be a problem. They have never trimmed it or given it a good haircut as I see others around the area do.

Some of it now overhangs our garden by about 12ft, I realise we are able to cut overhanging branches but obviously these are pretty high up and out of reach and we would need to pay for a specialist I would imagine.

The second problem is the row of trees planted by them along the back boundary (about 15ft high). These have over time thickened and grown into the boundary and last year when we replaced the back fences we had to dog leg the run of fences to accommodate them encroaching on our garden . Perhaps this was a mistake and we should have taken charge then, but the owner came out while the work was being done (at our expense I should add) and started filming the fencers at work, so we were a bit intimidated/bullied into losing a few inches of our garden boundary. (I realise how daft that sounds)

A bit of additional info: - I know they are tricky people, certainly regarding trees - last year they stood under the overhanging branches of another neighbour’s tree to prevent them from trimming it.

So, how to approach it.

I would like the willow properly trimmed by half its size.

I would like the growing-over-my-boundary-trees removed but would be satisfied with them kept to 10ft.

Any tips or help on getting at least some of this done so I can reclaim my garden and light would be appreciated.

sadly you have no real recourse legally to force them to trim the tree to you specification sadly (but could possible sue for damages if tree roots destory your drains).

You dont really have many channels to work from other then appeal to their better nature or even offer to pay for the trimming as they do not have a legal responability to maintain it to a level neirbiours deem acceptable (other then if the tree is dangerous of course but being ugly / interfering with views/ light does not count and most local authorties will do nothing.

Btw you can remove the overhanging branchs from your properity you just cannot make your neibour pay for it or do it.

Trimming a tree by half its size can actully kill it as it is not a trimming but rather a butchering and sadly you have no legal right to light I am afraid.

Though you could possible claim back the couple of inchs of garden if you can prove that infact the trees are infringing on your property but you can be held accountable if you do things to cause harm / damage / kill of trees of neirbours

Thanks.

Yes I think it's a bit late for this willow, but ones I see, they've let the bulk of the tree grow to say 15ft and then they cut back all the 'weeping' growth each year IYSWIM, then the next spring it sprouts its long weeping bits from the stumps again - it looks really nice and obviously good for the tree.

I think the best I can do is ask them to trim the bordering trees, or offer to do so if they refuse. And then cut the overhang of the willow.

Such a shame, it's absolutely dwarfing my garden.

You can remove any branches which overhang the border of your property. This does not include reducing the height of the tree, just lopping off branches at the point they cross the boundary.

If the trees (and by this I mean the trunk) are on your land - which is provably by land registry / deed documents, you can have the particular tree felled, subject to normal rules - i.e. check for TPOs on the trees, or if you are in a conservation area.

Land registry plans are no more than a general guide as to where the boundary is. Beware of relying on them too much. Far more reliable would be a look at what is there physically on the ground.

If you want your boundary pegged, just go to a decent firm of geotechnical surveyors. They will take your land reg plans, blow them up to scale and use sat nav kit to put pegs exactly where your boundary is. Collaborate is right that land reg plans are a guide. If what is pegged is wildly different to the boundary get some advice from the RICS free boundary helpline and consider instructing a chartered surveyor to help you establish the actual boundary and get it documented. With the trees, the point that the tree intersects your boundary is the point that you can trim if back the foliage and branches above, but you must offer the wood back to your neighbour. If you are scared, just project manage a professional firm to do it and someone to record with a camera. Out of courtesy I would write to say when the work will proceed and say if no reply within 10 working days you will assume he wants the wood, and you will arrange to leave it on his drive. Yes he will probably be hopping mad if he loves his trees. If you are that scared just get your solicitor to write the letter, he can deal directly with them.
Down the road from me, a house adjoining the pub cut back their trees and just chucked the wood over the fence. The pub owner then cut back all the branches on his side and chucked all the wood back over. Leaving just a few bald trees with no branches.. Quite funny really but as neighbours they clearly despise each other!

Try to keep things pleasant if you can. Any dispute has to be mentioned when/if you sell and would possibly put off future buyers.

Also, do let them know politely that you are concerned about the impact on your drains. You need to let them know of a potential future hazard so that they can take action if they choose and so that you have recourse later if that is a real concern.