Tree law question

iviv

iviv

iviv

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Person A has a fairly large garden, which several other gardens back onto, and along the boundry there is a fence, and just on person A's land are a line of Leylandii trees, which have grown rather high. Persons B-F want them cut down to allow more light into their gardens. Person A says she is fine with that, assuming they pay. Persons B-F say that Person A should pay, its going to come to around £1000 total to have them all cut down to a more suitable height.

So, who's going to have to pay? I think its person A since they are on her land, and even though its Persons B-F who want th trees cut down, because they are blocking sunlight, Person A will have to pay?

I'm pretty sure there's some legal mumbo jumbo that says who exactly has to pay for it. The only argument that I thing Person A has is that she is willing to have them cut down if the others pay, but I don't think that's really going to hold much ground.
 
Legally, they can insist that the boundary trees are cut to a 2m height at the land owners expense.
 
I say persons B-F chip in to cover the £1000.
You lot want them chopping down, person A really isn't fussed so why should they have to pay?
 
Mr Jack said:
Legally, they can insist that the boundary trees are cut to a 2m height at the land owners expense.
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Have you got a source for that? We have tree's surrounding our garden growing on other people's property, I'm not interested in having them lopped down to 2 meters but half of the thing is growing on to our land and dropping huge branches whenever we get a gust of wind and I'd rather not have one hit one of my kids.
 
No link because I'm lazy but I believe you can cut down any branches overhanging your garden but you must return them to your neighbour.
 
Cuchulain said:
Have you got a source for that? We have tree's surrounding our garden growing on other people's property, I'm not interested in having them lopped down to 2 meters but half of the thing is growing on to our land and dropping huge branches whenever we get a gust of wind and I'd rather not have one hit one of my kids.
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High Hedge Complaints (government guidance to councils, pdf file)

As I understand it, it applies to hedges only; whereas it sounds like your talking about a tree growing within their garden that extends over your property? I don't think that's covered. Have you spoken to your neighbour?
 
Doonhamer said:
No link because I'm lazy but I believe you can cut down any branches overhanging your garden but you must return them to your neighbour.
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IIRC, only after you have contacted your neighbour to try and remedy the situation - you can't just go and do it.
 
Mr Jack said:
High Hedge Complaints (government guidance to councils, pdf file)

As I understand it, it applies to hedges only; whereas it sounds like your talking about a tree growing within their garden that extends over your property? I don't think that's covered. Have you spoken to your neighbour?
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Leylandii is a hedge (well, and a tree). A very fast growing one at that.
 
KPeh said:
Leylandii is a hedge (well, and a tree). A very fast growing one at that.
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Sure, but there's a difference between a continuous row of trees that forms the boundary between properties and a single tree growing in the garden, no?
 
Mr Jack said:
High Hedge Complaints (government guidance to councils, pdf file)

As I understand it, it applies to hedges only; whereas it sounds like your talking about a tree growing within their garden that extends over your property? I don't think that's covered. Have you spoken to your neighbour?
Click to expand...

The tree is in Person A's garden, and doesn't overhang. The issue is that since its a Leylandii, its grown really high, and is blocking sunlight. I'd guess around 10-15m. All parties involved have no issues with them being cut down to a more reasonable height, its just who pays for it.
 
how many are there ?

we have a 15m row of trees cut back every 2 yrs, costs £60 to have them done and the rubbish removed
 
So wait person A has a tree in there property not overhanging and causing no issues for person A but B-F want her to pay to cut it because b-f want more light. You should be paying to cut it not person A.
 
Last year i had the same issue with the house that backs onto mine. 22 Leylandiis in a row over 6m tall. The owner refused to have them cut down to 2m. I went to our council and explained, they sent an officer round to see the owners, who still refused to have them cut. The council then gave the owners 6 weeks to cut them down to 2m. If they failed to do it, the council would do it and then bill the owner. 7 weeks latter the council, armed with a court order, cut the Leylandiis down to 2m.

The owner is responsible for the hedge/trees on thier property. If they won't deal with it, the council will, but at the owners cost.
 
iviv said:
The tree is in Person A's garden, and doesn't overhang. The issue is that since its a Leylandii, its grown really high, and is blocking sunlight. I'd guess around 10-15m. All parties involved have no issues with them being cut down to a more reasonable height, its just who pays for it.
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Yeah, I realise that. I was replying to Cuchulain there.

In your situation, tell the owner it's their responsibility to deal with it, and go to the council if they don't,
 
Didn't the gov change the law a few years back so that these "hedges" cannot be over a certain height?

There her tree's so she should get them done.

Also how on earth does it cost £1k to trim a tree. Just buy a chainsaw for a couple of hundred.
 
Regardless of law I think if its going to cost that much and the person is happy for it to happen, persons B-F should at least chip in.

Also, the £1000 is probably for a special tree person to cut them down to a smaller size but keep them relatively intact rather than just a guy with a chainsaw.
 
you shouldn't really just buy a chainsaw, u can but you gotta get the clothing too really if not you'll cut your face and balls off, and hedges arn't easily tackled with a chainsaw.

Rotty, £60 for 15m of hedge! that gardener is nuts, jobs worth a lot more then that keep hold of him.
 
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