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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:

scrooged · 06/02/2009 15:21

The last link I posted was advice from a council. You could get them to come out and make an assessment but it would cost you.
I live in a cul de sac, the owner of the land at the bottom has very high trees, it took us ages (and a couple of letters from me) to get him to cut them down a bit so we could have some light. He was a nightmare. It's not nice living with a lack of sunlight. Read the links I've posted.

soremummy · 06/02/2009 15:39

Sorry for hijack ... scrooged do you know how we stand regarding our neighbours leylandi tree [sp] it is on boundry but trunk has split into 2 an part is in our garden it has broken the garage panels and also when windy garage moves because tree is bashing against it in fact the door is out of line now and really hard to close. He is unapproachable btw. Any help regarding this is appreciated.

scrooged · 06/02/2009 15:53

If it's half on yours then it's half your tree IYSWIM. It's the same as the fence, if it's a boundary wall (or fence) then it's half yours and half his. If it needs maintenance to maintain the boundary then you can either

A) negotiate with him so you both pay 50%
or
B) Give him notice of what you intend to do, request that he pays half, if he doesn't then you can go ahead and get it repaired then send him half the bill.

I need to double check this though, It's been a while since I did land law. I'll get back to you on this. I'm on the right lines though as my neighbour has had the same problem.

scrooged · 06/02/2009 16:03

www.gardenlaw.co.uk/boundaries.html
This advises you on how to find out who owns the fence. Anything on your side belongs to you, anything on his side belongs to him, anything in between is 50% yours, 50% his.

There's more info. Hold on.

scrooged · 06/02/2009 16:22

first look at the link above and establish who's land the fence lies.
Look at the fence, if the posts are on your side then it's your fence so you have to repair it. See here www.opsi.gov.uk/acts/acts1996/ukpga_19960040_en_1#pb5-l1g11 It is all gobbdigook but it basically says that you both pay: "Where work is carried out in exercise of the right mentioned in section 2(2)(a), and the work is necessary on account of defect or want of repair of the structure or wall concerned, the expenses shall be defrayed by the building owner and the adjoining owner in such proportion as has regard to?
(a) the use which the owners respectively make or may make of the structure or wall concerned; and
(b) responsibility for the defect or want of repair concerned, if more than one owner makes use of the structure or wall concerned."

jeanjeannie · 06/02/2009 16:42

SO pleased I found this thread!! Scrooged, that info is great - we're just about to tackle our boundary fences and are grappling with self-sown trees that are 50/50 on the border, rogue lelandi and a fence that was erected years ago that takes two foot away from our garden!

We know next door won't pay for any of it - so we're going to bite the bullet ourselves - just needed clarification on what we can do. Me thinks the bulldozers will be ordered tomorrow

scrooged · 06/02/2009 17:06

Hold on. You need to check the boundaries with the land registry first. Be aware that their plans are not to scale so it won't give your land in metres etc. Don't chop anything until you know who owns it.

jeanjeannie · 06/02/2009 17:11

Ah Scrooged DP has just said we need to check with Land registry first (spoil sport!)

We live in an area where trees grow like weeds, so self-sown sycamores are the scurge of many gardens. But yes, you're right of course - and it makes sense to know what's what not just for legal reasons but because we're clearly not sure and DP has been here 9 years!

scrooged · 06/02/2009 17:17

The maps that the registry have are crap. There are no accurate measurements of your property other than the deeds if these still exist. Some of these can also be hit and miss. I'd have a chat with them over the boundary and come to an agreement (please write it out, sign it and give them a copy), it's far cheaper and quicker then paying lawyers to do it for you.

tatt · 06/02/2009 17:22

Never let your neighbour get a fence cut - we did when we moved in and they removed practically all of it. They could see straight into our garden, we had no privacy at all.

Anything that says how often I have to cut things back or how far I have to cut?

Last year we cut it back to a height that suits us and is less than 6 feet above their ground level. I regard that as reasonable as we also removed anything that was overhanging their property. We will offer to cut it again when it's warmer and before this growing season - but should we do so twice a year?

They would like other trees cut back because they impede their view - we've cut them back to a height that suits us when it suits us. The trees shade our garden rather than theirs. Hope that is legally OK?

pointydog · 06/02/2009 17:25

I think you should pay for it. Basic consideration for others.

However, as many people don;t do anything out of basic consideration, thoughtfulness and kindness, you could suggest going halfers.

scrooged · 06/02/2009 17:26

www.boundary-problems.co.uk/mainneighbours.htm This sounds about right.

scrooged · 06/02/2009 17:28

www.barnet.gov.uk/index/leisure-culture/conservation/high-hedges.htm see here for hedges/lelandii.

surreylady · 06/02/2009 18:32

Had similar moving in to our current house - we have lots of large conifer trees and a bungalow at the end of the garden (which sides on the the end if that makes sense). Bungalow owners asked us if we would reduce the size of the trees as it took the light from their property they had even got a quote as I believe that they had been asking the previous owner. They invited us to come and look. The trees are not near my house and caused me no issues but I had no hesitation in having the work done - I would hate hate hate to be in this situation myself - they were our property trees so our responsibility we felt - so my vote is get it done - it is the right thing to do - that being said if you need them to contribute ask...I think the world is a nicer place if we show this type of consideration to our neighbours - just my opinion though...

pointydog · 06/02/2009 19:56

yes usrrey, a little bit of common decency goes a long way

pointydog · 06/02/2009 19:56

I applaud you

Original poster

averyboringname · 06/02/2009 20:02

I have been very considerate in discussions so far but I do think that given it is a tree that is blocking a small area of a big garden and not e.g. blocking light into their living room, it is not a case of us being massively inconsiderate by asking them to pay half.

Hope I don't sound defensive! I guess it's given me my answer if I do - i.e. that I think it is the right thing to go halves.

OP posts:

surreylady · 06/02/2009 20:05

Don't disagree with that approach AVBN - assuming that you are both able to do this - it would be a good solution - hopefully they will be as thoughtful for you in the future...

pointydog · 06/02/2009 20:11

It's your tree, though, boring. You should keep it at a reasonable height for the benefit of everyone concerned. If you have trees and neighbours, you should epxect to have your trees pruned every couple of years.

Fizzylemonade · 09/02/2009 10:09

I know people here have pointed you towards gardenlaw website but let me say if you piss off your neighbours for something as petty as paying to cut your tree back then you can open up a whole can of worms.

Maybe you should read some of the posts on garden law to find out what people are capable of. It is frightening.

Personally, I would cut it back and pay for it myself if it were my tree. How would you feel if the boot was on the other foot?

Maybe you could ask to see from their side in their garden so you can see what effect it is having.

My Aunty has a neighbour from hell and this was over a fence. Previously she was great friends with the neighbour who used to bring her washing in off her line if it rained when she was out. All went nasty over replacing the fence. Now it is awful. She hates living in her house and would struggle to sell because you have to declare ALL disputes.

Fizzylemonade · 09/02/2009 10:19

Oh, I meant the fences and boundary forums on gardenlaw to see people's reactions to things.

Plus if they pay half or all then surely they get to dictate what height it gets reduced to as they are paying the contractor.

Or they could get really cheesed with the whole thing and cut it themselves anyway.

My friend at work had all her lilac trees cut down to stumps by her neighbour as she procrastinated on getting them trimmed

Fizzylemonade · 09/02/2009 10:21

scary example of neighbour cutting tree

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