Neighbour's tree overgrowing our boundaries

[shedofdread]

Hello

My neighbour has a massive coniferous tree which has grown a foot every year since we moved here. It now blocks most of the sunlight in our garden all morning.

Our last attempt at talking has broken down and she's now pointedly ignoring me. I've decided to get more serious.

I have written this letter. What do you think?

"Dear neighbour,

Re: overhanging branches from your tree

As you know, I have expressed my concerns about the tree growing over our boundary several times over the past couple of years. It is significantly taller than my house and I am concerned it may make it harder for me to get home insurance.

I am going to be doing some garden maintenance while our current building works are underway and birds are no longer nesting in our hedgerows. As part of this, I will be trimming back any foliage that grows over my boundary and have been quoted £x to trim all the overhanging branches from your conifer. The tree and the branches are your property and I can either leave them on your boundary or am happy to dispose of them at my expense.

Alternatively, I have been quoted £y to remove the tree altogether. Disposal costs are not included in this figure and will need to be found by you.

My tree surgeon will be carrying out this work on .

You have two options:

1. I remove all the branches overhanging our boundary at no cost to you.
2. I will contribute £x to the removal of your tree on the same date.

Please let me know how you wish to proceed.

Many thanks

Shedofdread

Dear neighbour

We are having the branches which overhang our boundary removed on date, I have to offer the cuttings to you or I can dispose of them, please let me know what you'd like me to do. The tree surgeon has said he could remove the tree if you wanted, I couldn't cover the whole cost as it's your tree but I'd be willing to pay x amount, let me know if that's something you're interested in.

Best wishes

Your letter is aggressive and hostile and will aggravate matters. It needs rewriting.

Why would she agree to you having her tree removed? Surely if she didn't want it she would have organised that herself?
Just inform her of the date you are having your side trimmed and does she want the branches?

Is the tree less than 5 meters from your home?

I don't think you can expect her to pay for the tree to be removed and agree that the 'you have two options' sentence is a bit aggressive. Obviously you can remove the overhanging branches and explain that the rapidly growing tree is too close to your house and shading the garden. I would be trying to appeal to her better nature and say that in an ideal world you would like to remove the tree . Would she be prepared to allow you to do that at your expense ( she might want a small non conifer in its place) or to at least reduce its height by eg 15 feet or whatever and that your tree surgeon could discuss with her? Either way I think you would have to pay as she doesn't perceive the tree as a nuisance to her.

I wouldn't expect her remove the tree but would ask if the tree surgeon could reduce the height

@dementedpixie not quite…

It’s a common misconception that a homeowner can acquire a rights of light in their garden, but the law provides no rights of light in respect of land that has not been built on. You may have express rights to light created by your property deeds. If so, the official copy of your title from the Land Registry will confirm that.

However, you may have other means of redress if light to your land is blocked. For example, your deeds may contain mutually enforceable covenants restricting both you and your neighbour from planting trees or high hedges. And even if there are no such restrictive covenants to protect you, there may be a statutory remedy through the local authority under the Anti-Social Behaviour Act 2003 and the High Hedges Regulations 2005. This legislation applies to owners and occupiers (so it includes tenants), where:

*there are two or more trees or shrubs over two metres high above ground level, which act as a barrier to light; and
*the reasonable enjoyment of part or all of a property, including a garden or part of a garden, is being adversely affected by a tree or high hedge that is situated on neighbouring land; and
*the land which is being adversely affected is a domestic property.

I was getting quite excited about the high hedges information, but having looked into it said trees/shrubs also have to be evergreen or semi evergreen, so won't apply to the treeline behind my house to which all the other factors apply.

I quite like your letter OP, but then I am direct and to the point, having read the responses I also agree that maybe going a bit "nicer" would be a good idea.

@MrsElijahMikaelson1 your link expressly says 2 or more trees or shrubs. And you need all the factors to be in place not just one.

@dementedpixie no, if you read it thoroughly it’s also says A tree or high hedge

www.blbsolicitors.co.uk/blog/rights-of-light-explained/

I would keep it even shorter.

Hi dickhead neighbour.

My tree surgeon is coming on Wednesday and he'll be cutting back the conifer branches overhanging our boundary. When he's finished, do you want the branches?

He's also quoted to remove the whole tree and it'd be £xxx. If you'd like him to carry out this work, I will pay £x as a contribution towards it, he will invoice you directly, minus the amount I'd contribute.

Which option do you prefer? If I don't hear from you, the tree surgeon will just remove the overhanging branches and we'll dispose of them.

Nice neighbour.

OP, I share your pain regarding this issue. When I bought my house three years ago my neighbour's conifer was 6ft. Now it is taller than a three storey block of flats to the rear of our properties. The branches reach across my garden and all sunlight has been blocked. The previous owner of the house raves about what a sun trap my garden is (we've become good friends!) and can't believe how high the tree has got because the neighbour always had people in to trim it back each year. I've spoken with him and he's just said he can't trim it anymore because he's allergic to it. Good luck and report back with how you get on.

I think by stating in your letter that the neighbours have two options, and one is to lose their own tree completely ( their own property) is wrong, and comes across a bit threatening.
This needs to be stated in a separate free manner.
"Suggest" that if they would prefer the tree to be cut down completely you are happy to contribute to the cost

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

From this link

Can I complain to the council about single trees or single shrubs?

No. But you can still try to settle your dispute by following the steps inOver the garden hedge.

@BigRedBoat

Dear neighbour

We are having the branches which overhang our boundary removed on date, I have to offer the cuttings to you or I can dispose of them, please let me know what you'd like me to do. The tree surgeon has said he could remove the tree if you wanted, I couldn't cover the whole cost as it's your tree but I'd be willing to pay x amount, let me know if that's something you're interested in.

Best wishes

I think this note is the best one - it’s friendly and non-confrontational and, most important, completely clear about your intentions, OP.

I had exactly the same problem - the neighbour’s conifer was over 100ft tall. It never affected our house insurance though, and in May this year we accepted an offer on our house within five days of it being on the market.

[quote MrsElijahMikaelson1]**@dementedpixie* no, if you read it thoroughly it’s also says A* tree or high hedge

www.blbsolicitors.co.uk/blog/rights-of-light-explained/[/quote]
But you need 2 or more trees or shrubs in the first place and then 1 of them may be causing a light issue. It's not each of the points in isolation, you need all things to be true before the high hedge legislation is applicable

@Gettingonabitnow

Hi OP. Have you heard of the high hedge law? It basically applies to massive connifers like yours sounds. Definitely trim anything on your side, but I think you could be within your rights to go to your local council on this one.

Just a warning - not sure if all councils are the same, but with ours, you must first ask the neighbour to cut down/trim the tree, if they refuse, ask for mediation, and only approach the council if that fails. You then have to ask the council to investigate, which takes them at least 16 weeks "possibly considerably longer" and currently costs £750, which I believe is non-refundable if they decide the complaint is not valid.

Apart from anything else, I’d be really careful about how much you take off from your side. Conifers won’t grow green growth back on the brown old wood close to the centre of the tree, take too much off and you’ll be left with what looks like a dead brown tree forever.

Just to reiterate what a lot of others have said.... you need a total rewrite of that letter. Just because they're being unreasonable and you're offering to pay, it doesn't give you the right to start demanding they choose 1 of your options 🤤 Honestly, if I received that letter, I'd be livid and wouldn't entertain any height reduction at all, let alone removal of the whole tree. You really need to kill them with kindness, even if they've been disrespectful in the past.

I'd rewrite the letter, others have made some good suggestions.

I think this is nice you want to keep things calm and the one you wrote is a bit inflamatory

Thanks guys.

I am too close to this one. I am going to sit on it for a while.

Honestly if I was you I would offer to pay to have it removed

he's just said he can't trim it anymore because he's allergic to it

It may not be that she is being stuborn...if the tree is so big then it is a very expensive job to have it trimmed to a more suitable height so relalistically she may not be able to afford to do so.
When I moved in to my current house three years ago I inherited a large tree. Every year I think about doing something about it and every year the money has to go on other things. Meanwhile the tree grows taller, thankfully no one has complained yet.