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Neighbours tree/bush blocking my light and overhanging my property.
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# 1
Frances63
Old 03-10-2010, 1:58 PM
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Default Neighbours tree/bush blocking my light and overhanging my property.

I have a neighbour who is trying to get a restrictive covenant removed that would enable him to build a 2-storey front extension. I have the benefit of that covenant and have refused to lift it and now he has applied to the Lands Tribunal for a 'modification' to which I must object.

He has planted a fast-gowing buddleia bush (tree?) which is now about 20 feet tall right up against the front boundary wall (just a low wall) between the two houses. The main branch comes over my property and 2 other branches dont. This is a blatent attempt to block out my light so that he can argue that the proposed extension won't make a difference to my light as the bush blocks it out anyway. I have been advised to cut down the parts that overhang my property but I would like my neighbour to have the chance to do this himself first.

I have compiled a letter, & wonder if this is ok to send as it is? :-

Dear Mr. ****

Please arrange to have the fast-growing buddleia tree/bush in your front garden either removed or pruned so that it is taken back to the boundary line and no part of it overhangs my property.

If you do not action this request within 14 days of receipt of this letter I will arrange to have this done and any expense incurred will be charged to you.

Yours faithfully

*****



Is there anything wrong with the above? Anything I should add or remove? Would 7 days notice be acceptable, or must it be 14?

Any advice will be greatly appreciated.

Last edited by Frances63; 03-10-2010 at 2:25 PM. Reason: typos
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# 2
Gwhiz
Old 03-10-2010, 2:33 PM
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Why not just knock on the door and say "do you want to chop the bits overhanging or shall I?"
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# 3
G_M
Old 03-10-2010, 2:46 PM
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If you choose to use a letter rather than Gwhiz's suggestion above, then the wording is fine.
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# 4
olibrofiz
Old 03-10-2010, 2:49 PM
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The Garden Law forum is great for advice on issues such as these, there's lots of people in similar situations (& horror stories too!)

Good luck
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tbs624
Old 03-10-2010, 2:54 PM
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Quote:
Originally Posted by Gwhiz View Post
Why not just knock on the door and say "do you want to chop the bits overhanging or shall I?"
It's perhaps likely that the OP wants to have a record of "ongoing hostilities"?

If writing I would have worded it along the lines of

You may not be aware that the buddleia bush recently planted by you, near to the boundary wall, has branches that are now encroaching on my property. As a matter of courtesy, I am letting you know that I shall be cutting these back to the boundary line within the next 7 days.

Please let me know if you would like to have the cut branches returned to you or if you would prefer to do the work yourself.





Last edited by tbs624; 03-10-2010 at 2:57 PM.
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# 6
McKneff
Old 03-10-2010, 3:15 PM
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You can cut the branches over hanging your property and offer them back to him.

As for charging him for this work, forget it, you will get absolutely nowhere.
No one can make you feel inferior without your consent
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# 7
Frances63
Old 03-10-2010, 3:46 PM
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Thanks for all the advice above I really appreciate it!

TBS 624 - that's a great letter, & much better, thanks.

McKneff - I do realise I won't get anywhere with charging him (it's actually really easy to cut off the branches so will do it myself or another neighbour has offered) I just would rather the owner of the tree did it himself and thought adding the 'costs' bit would help him to make up his mind to do that.

I'll put the letter through his letterbox now, and send another one by registered mail on monday as I know he'll ignore the first.

Thanks so much for all your answers!

Last edited by Frances63; 03-10-2010 at 3:47 PM. Reason: spelling
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# 8
Hammyman
Old 03-10-2010, 4:31 PM
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Whatever happened to neighbours talking to each other?
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# 9
Frances63
Old 03-10-2010, 5:03 PM
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Believe me I've tried. It's not my fault. I was very nice to him at first and unfortunately that is what got me into trouble with the covenants, he thought the sweet girl next door wouldn't know any better and tried to get me to sign them away by foul means! He thought because I was nice that I was also stupid or naive. I took advice though.

He talks to none of the other neighbours on this estate and they are all very friendly. They organised a street party a few weeks back and also our street has a rounders team that play against other streets in the park one evening a month.

It is just this one odd guy that is quite hateful. He has fallen out with many of the neighbours, not just me.
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