tTwo summers ago, new neighbors moved in next door: we live in a semi-detached property.
They are not the friendliest, but I recently knocked on the door to ask if they could trim the tree located in their yard as it blocks most of the sun in ours after 2 pm.
The old neighbors trimmed it every year, usually in May. However, the owner shrugged and closed the door on me.
Tree Saga: What can you do with a tree you want to prune that is on private property? (archive image)
We don’t have the biggest yard and not trimming it will really affect our ability to enjoy the outdoors. It feels quite unfair.
Where are we legally? Does it need to be over a certain size before we can complain to the council?
Jane Denton responds: Getting new neighbors usually goes one of two ways. It can be a great relief or the beginning of unforeseen problems, as in your case.
You have made it clear that relations with your neighbors are not good and they have not responded at all to your reasonable request.
In most circumstances, the first option would be to talk to your neighbor and resolve the matter cordially. Have you tried this and it didn’t work.
The tree in your neighbor’s yard is still theirs, even if it is hanging or losing leaves in your yard.
Generally speaking, unless a tree is subject to a preservation order or in a conservation area, if the branches of a neighbor’s tree begin to grow towards your side, you can cut them back to the boundary point between your garden and the premises of his neighbor.
Check the precise boundary lines beforehand.
If you decide to cut some of the overhanging branches in your garden, it would be wise to inform them of your plans first, if possible.
You should not walk into your neighbor’s yard and start cutting branches off the offending tree. You would be trespassing and could be prosecuted.
Please note that you could be liable for any damage caused to the tree if you choose to cut off some of the offending branches hanging over your yard.
We spoke with an attorney and an arborist about his case.
He knows it: lawyer Oliver Thorp
Oliver Thorp, solicitor at BLB Solicitors, says: This is a fairly common problem in practice, but also one for which there is not necessarily a simple or straightforward solution.
Councils in England and Wales have powers under section 8 of the Anti-Social Behavior Act 2003 to deal with complaints about “high hedges” affecting the reasonable enjoyment of domestic property, including the property’s garden.
Fundamentally, a “high hedge” is defined as a line of two or more trees or shrubs that are more than two meters in height. There is no similar provision for freestanding trees.
If it is a single tree, the council can take action under section 23 of the Local Government (Miscellaneous Provisions) Act 1976, but only if there is an imminent danger of the tree causing harm to people or property.
If the tree’s branches exceed its limit, then that is a violation and you can cut the branches, as long as you do not damage the tree and offer to return the cut branches to the neighbor.
There is no right to light in a garden, but if the tree is blocking light from the windows on your property – and the windows have been in the same position for at least 20 years – you may have a “right to light” claim. light” that could force the neighbor to cut down the tree.
If the tree has not been pruned, that could cause the roots of the tree to expand and if these roots cross the boundary line, then you may have a nuisance claim against the neighbor.
Again, this could result in the tree being pruned.
I notice that you live in a semi-detached property.
It would be worth checking the deeds for both properties.
There may be restrictive covenants that govern what landlords can do.
For example, there may be a clause that says your neighbor’s trees must not grow above a certain height.
There may be a broader clause to prevent them from doing or allowing anything to happen on your property that may be a nuisance to you.
You may be able to use such a provision in the deeds to force the neighbor to trim the tree.
Although the neighbor has reacted rudely, it could be that he is willing to let the tree be pruned if you offer to pay for the work. Although this may seem unfair, it could be the quickest and most cost-effective way to address the problem and may even help improve neighborly relations.
Daniel de Frece, Chief Arborist and Owner of Silver Oak Arboriculture – Arb Association Approved and Trusted Mark Endorsed, says: The best and cheapest solution is to try talking to your neighbor again.
If that doesn’t work, write a polite letter explaining the problem and how it affects your enjoyment of your garden.
Get an arborist, preferably one endorsed by the Arboricultural Association, to give you an approximate cost.
They may also check to see if the tree has a Tree Preservation Order, which would affect how the tree can be treated.
The next option is to offer to cover or share the costs; This can often help persuade your neighbor to accept. While not ideal, we have found that this is often the most effective method.
