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Original poster

Who should pay to have a tree lopped - on the boundary of my property and blocking neighbour's light

47 replies

averyboringname · 05/02/2009 10:39

There is a large fir tree on the edge of our garden which our neighbours say is blocking the light to their garden as it has grown a fair bit.

It doesn't really bother us (and indeed we like the fact it provides some privacy to one of our upstairs rooms but I'm happy to have it reduced in height and we have a good relationship with the neighbours so I don't want to upset them. However, given it doesn't really bother us and they are the ones who want it lopping is it fair for me to ask them to pay half?

OP posts:

sorrento · 05/02/2009 12:18

I don't think people have any right to views or light but maybe offering to pay half would be the right thing to do.

georgimama · 05/02/2009 12:24

If it is not growing over their boundary and you have just agreed to do this out of goodwill I think they should pay half.

If it is growing over the boundary they have the right to trim it back but should chuck the trimmings over, apparently. They belong to you!

Rhumba · 05/02/2009 14:17

we have a similar problem in that the neighbours all have large trees which throw lots of shade in to our garden. I have discussed with Dh regarding having a word and offering to pay half as would imagine that they aren't fussed one way or anothr (Shade comes to our garden not theirs and is at the botton of their gardens. )

Would start the conversation that they are more than welcome to chop at it as they want (or specify) and then offer half when asked!)

Simply · 05/02/2009 14:29

I'd suggest that you make sure that it doesn't have a TPO (Tree Preservation Order) on it and do some research before getting any work carried out on it. If you do get someone to reduce the height or take off side branches, make sure that it won't affect your property or neighbours' properties either when it is being cut or later. I could be imagining it but I think I've heard of trees going into shock after being trimmed. Some can be reduced in height and some can't, I think, they have to be cut down. It may cost you around one hundred or else several hundred pounds to have it done.

Also, make sure that the tree surgeon is qualified, experienced and is insured with public liability insurance (to a large sum i.e. £2 million or something) in case anything should go wrong.

Original poster

averyboringname · 05/02/2009 15:51

All good advice Simply. Some of the trees in our garden do have TPOs but not the one concerned so we're all clear with that issue.

OP posts:

lalalonglegs · 05/02/2009 20:01

Simply say that you agree to have it reduced by x amount and will leave it up to them to sort it out .

thisisyesterday · 05/02/2009 20:04

I agree with Rhumba. just say you're more than happy for them to arrange to get it cut back a bit.

then let them get on with it,.
not sure why you should pay if you like it as it is and they're the ones who want it chopped

Original poster

averyboringname · 05/02/2009 21:05

I like your style lalalonglegs.

It had crossed my mind that they should just pay. I don't really mind paying half but they can def organise it all!!

OP posts:

daysoftheweek · 05/02/2009 22:34

I think if it's your tree you're 'supposed' to pay sorry. Maybe google around a bit wasn't there a load of stuff about Cyprus Leylandii? (How do you spell that? )

cat64 · 05/02/2009 23:12

This reply has been deleted

Message withdrawn

scrooged · 05/02/2009 23:15

I agree with daysoftheweek. Under the tall trees legislation, if it is on your land and blocking their light then it's your responsibility. You shouldn't allow it to grow to a height where it is affecting your neighbours enjoyment of their house/land.

daysoftheweek · 05/02/2009 23:17

at scrooged noone ever agrees with me on here!

scrooged · 05/02/2009 23:19

Trees came up as part of my MSc so I know you're right.

daysoftheweek · 05/02/2009 23:29

next time I have a tree Q I know where to come

scrooged · 05/02/2009 23:30

Haaa!

ChiefMangosuthuButhelezi · 05/02/2009 23:40

I'd leave it up to them, and I wouldn't pay for it. We paid for a tree to be chopped down on our neighbours land as it was overhanging our garden and bothering us.

scrooged · 05/02/2009 23:44

I wouldn't leave it up to them. You can get slapped with an ASBO for a tall tree (seriously). They can pay and complain to the council about the tree, if the council find it's too high, they will order you to chop it. If you don't do this the council can take you to court.

If the tree is overhanging, they have the right to chop down the overhang but nothing else. If it's on your land and is so high it's blocking their 'enjoyment of their land' then you have to cut it.

scrooged · 05/02/2009 23:49

www.gardenlaw.co.uk/phpBB2/viewtopic.php?t=9998&sid=3b0ac789637eb4fca3a38b4d0401d648

see here

scrooged · 05/02/2009 23:51

www.stockton.gov.uk/resources/leisure/14776/whatisthelaw/1194569.pdf

and here

twentypence · 06/02/2009 00:34

We got a large tree trimmed at the neighbours request because quite a lot of it was hanging over his property, which he was entitled to trim and everytime he did it just encouraged the tree to grow more and it was looking awful.

We hired the firm we wanted and insisted on paying the whole bill. We told the tree surgeon that if the neighbour came out and asked for x,y, or z branch to be cut away and that wasn't on the plan to ask us first.

The guy did a great job, our neighbours got light, we had a nicely shaped tree, everyone was happy.

Original poster

averyboringname · 06/02/2009 09:16

How interesting....looks like we should cough up then...

OP posts:

thisisyesterday · 06/02/2009 09:41

yeah but the neighbours might be nice and have no idea about this tall tree asbo thing. they may be perfectly willing to pay to get it cut back

I would still leave it up to them. if they do get the council involved then just pay it, but you don't even know if your tree is "too tall" or not do you? so it would be prudent to wait and see rather than rushing in and getting it all done yourself IMO.

cat64 · 06/02/2009 11:59

This reply has been deleted

Message withdrawn

scrooged · 06/02/2009 14:12

It depends on where the tree is in relation to their house. If it's blocking sunlight into their windows then you do need to cut it back, however, it's a completely different story if it's just overlooking their garden. You do need to check what type of tree and whether it has a preservation order before you do anything to it.

Original poster

averyboringname · 06/02/2009 15:13

I don't think it's blocking light to the house, just the garden based on what they said.

OP posts:

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