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What ground do I have re my neighbours tree

95 replies

Cherryblossom200 · 29/03/2022 17:35

Hi there,

I live next to an elderly lady nearing 80 who is very attached to her tree. It's a huge beech tree which is approx 7/8 metres from my house. The houses we live in are only small two bedroom houses and the tree is way too big to be so close to the houses.

The main issue apart from the proximity, is the leaves that fall in my garden is literally killing my grass. I have no lawn left and I'm good at trying to clear the leaves up every year. Plus I get virtually not sunshine due to where the tree is. Yet my neighbour has sun all day.

The tree doesn't have a TPO, and hardly been cut back since I've lived in the house the past 5 years.

Ideally I'd like the tree to go. However I don't think my neighbour would accept that. I think it's way to tall and the bulk of the tree above is too big in the summer, so alternatively I'd like my neighbour to reduce the crown of the tree by about half way .

I have no idea where I stand legally with this. I know that in general there are hardly any laws to protect people out there when it comes to trees?!

Any ideas?

Thanks!

OP posts:
Gardeningdream · 29/03/2022 19:29

Well this is all over the place.

Firstly you need to trim back the ivy on the fence your side. Ivy is rampant you won’t damage it.

Secondly leaves only kill the grass if left there for a long time. If you collect they have no impact on the grass.

Third I can’t really understand your grass, that doesn’t look like grass, it looks like a border, just dirt with broken kids toys and an old bin in it.

Fourth the conifers will be killing the grass, if the tree isn’t impacting her grass then you know it’s not impacting yours so something else is doing it, either leaving the leaves to rot or the conifers sucking all the moisture out.

Fifth, the sun moves round, there is no way she gets all the sunlight and you get none and she sits in the sun with the tree never casting shade at any point.

Six, leaf fall will mainly be on her grass, it’s not affected. So see point two.

Last if you wish to have the crown reduced then get a tree surgeon out, get a quote, if you can afford it then approach her politely with your request, explain it, explain why, show her what you want to do, and say you will pay fully.

If she doesn’t agree then ask if there is anything she would agree to.

Do not offer to contribute. If you can’t or won’t pay the whole thing then forget about it. You can’t ask her to do thr work and she pays. You want it, you pay.

Clymene · 29/03/2022 19:32

Oh! So it's nothing to do with your garden but because it's going to push the price of your extension up.

I'm glad to say that a bloke near me applied to have a tree chopped down because he wanted to build an extension and the council refused to take it down.

Trees are so important for biodiversity. Beech trees are beautiful and a native species. We need to keep every single one of them we can.

Leylandii on the other hand ...

Cherryblossom200 · 29/03/2022 19:38

It's nothing to do with my extension at all. I can still get it done regardless of the tree, it'll cost me a bit more to drill deeper but that's not a problem. The issue is sunlight.

I'm happy to leave the discussion now as I've found out the info about the legal side.

I'll let you folk continue without me 😉

OP posts:
EvilPea · 29/03/2022 20:16

I doubt the roots are over your side as the conifers will be sucking that patch fry (hence your lawn issues) so there won’t be water for the tree.

I’d be annoyed about the weed killer as well, it’s such nasty stuff. Digging out the weeds is a lot better, or suppressing them.

Cookiecrumble22 · 29/03/2022 20:23

@Cherryblossom200

Here is a better photo, it doesn't really show just how close it is to my house but it really is close and huge when the leaves grow. You can see the difference in lawn between mine and hers. Mainly due to the fact we get little sunlight and she gets it all.

I doubt I will get anywhere with saying anything, I'm just hopefully who ever moves in after her will cut it back.

I can't see the tree?
Cookiecrumble22 · 29/03/2022 20:35

@Cherryblossom200

Hi there,

I live next to an elderly lady nearing 80 who is very attached to her tree. It's a huge beech tree which is approx 7/8 metres from my house. The houses we live in are only small two bedroom houses and the tree is way too big to be so close to the houses.

The main issue apart from the proximity, is the leaves that fall in my garden is literally killing my grass. I have no lawn left and I'm good at trying to clear the leaves up every year. Plus I get virtually not sunshine due to where the tree is. Yet my neighbour has sun all day.

The tree doesn't have a TPO, and hardly been cut back since I've lived in the house the past 5 years.

Ideally I'd like the tree to go. However I don't think my neighbour would accept that. I think it's way to tall and the bulk of the tree above is too big in the summer, so alternatively I'd like my neighbour to reduce the crown of the tree by about half way .

I have no idea where I stand legally with this. I know that in general there are hardly any laws to protect people out there when it comes to trees?!

Any ideas?

Thanks!

Your post sounds exactly the same issue someone is having locally to me. Only there was no mention of the person being in 80s.

Does the lady live there alone ? Have you thought if away you could approach it in a way that calm and friendly hopefully gets you both what you want. Well at least partly ?

Hmum0fthree · 29/03/2022 20:54

@Cherryblossom200 Op you have no chance, old ladies set in their ways are like witches! The old lady across from my mum refused to let the next door neighbour remove the bush and put a fence in so he could get on to his drive. She never even left the house so I don't know why she was so attached to the bush Confused

Anyway she ended up dieing a few months later and he took the bush out.

Pixiedust1234 · 29/03/2022 21:08

Am I the only one who can't see any photos of the tree?

Hoppinggreen · 29/03/2022 21:11

@Cherryblossom200

Firstly I absolutely love nature and tree's. However the person who gains mostly from the tree is my neighbour who sits outside and sun bathes and we sit in the shade most of the time.

It's all about quality of life too, so we all benefit from the tree and it's beauty but also we all gain from the short amount of sun our country gets. It's only fair and selfish on my neighbours side to not consider this.

All I'd like is it to the bulk of it to be made smaller and I'd be happy to chat to her about contributing towards it. But I know the man who used to live in my house approached my neighbour and got a bad reaction when he suggested it was reduced in size.

Well there you go Your neighbour likes it and doesn’t want to reduce it. She’s under no obligation to consider how much sun you get
Cookiecrumble22 · 29/03/2022 21:45

@Pixiedust1234

Am I the only one who can't see any photos of the tree?
I can't either
SawnWood · 29/03/2022 22:05

@Pixiedust1234

Am I the only one who can't see any photos of the tree?
I can’t
SawnWood · 29/03/2022 22:05

Just cut off everything overhanging you. Have your extension, do the oiling/remove any roots in your garden, easy.

JennyWreny · 29/03/2022 22:19

@Pixiedust1234

Am I the only one who can't see any photos of the tree?
The photos were there earlier but I can't see them anymore. Odd.
Gardeningdream · 29/03/2022 22:33

I think the pictures have been removed.

Monkeybutt1 · 30/03/2022 09:26

Unfortunately you have no right to light unless you have lived somewhere for 20 years minimum and someone has suddenly blocked light into your house. Which you also have to prove.

Gardeningfool · 30/03/2022 13:09

I'm an 'elderly lady' and keen gardener with a large tree at the bottom of my garden which overshadows my new neighbour's garden. I don't think you're my neighbour for a few reasons - not the least that the neighbours have no space for an extension in their tiny garden - but can I give you my perspective? The large tree has been there for ages, it is beautiful and it is a great resource for local wildlife. It provides a degree of visual screening between our houses - especially for our respective upstairs rooms - I really notice this when the leaves fall off in the winter - and I'm sure you don't want me peering into your house? Most importantly, it was there when you decided to buy the house, and it really hasn't grown much in the last couple of years as its a mature tree.

SquashMinus · 30/03/2022 20:23

I could be your neighbour OP (but I'd cry if you thought I was 80!). I don't understand why people buy houses near beautiful old trees if they just want to get them cut down. The gorgeous old beech tree in my garden is older than anyone living here, and older than the house. It does block out a fair amount of sunlight, but how you can possibly look round and buy a house next to a 50ft tree and not think that's a likely possibility?!

MidnightMeltdown · 17/06/2022 23:26

Monkeybutt1 · 30/03/2022 09:26

Unfortunately you have no right to light unless you have lived somewhere for 20 years minimum and someone has suddenly blocked light into your house. Which you also have to prove.

That's not true. If there's more than one evergreen in your garden, you can be forced to keep them under 2 metres to prevent them from blocking your neighbours light.

I believe that this is part of the antisocial behaviour act.

garlictwist · 18/06/2022 03:42

I am in the same boat but I don't think you can force someone to get rid of a tree. In my case, the tree in question has just grown tall enough to block out any vestige of evening sun I used to get in my front garden. It really pisses me off but I don't think there's anything I can do.

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