30ft trees in garden?

shelley_crow

Lotus-eater wrote: »

Have either of you tried speaking to the owners of the trees before asking about legislation?

Not yet but i'd like to know where i stand before I do.

My garden from their tree to my house it 28ft. Thre are two trees, one is 30ft ish and the other one is approximately 25ft. In the middle of the day my kitchen is dark, even in the height of summer.

Thanks to everyone who replied.

daska

I believe that you are entitled to ask the owners to cut the branches and roots back to the boundary or cut them back yourself and return all the bits cut off to the owners (carefully, don't just tip them over the fence).

Is it possible that cutting the branches might allow you a little more light. As they're large trees this should be done by a surgeon (for the sake of tree health as well as your own safety).

Cutting the roots too close to the tree may kill said tree so I wouldn't advocate doing this! If you do want to go down this path then please get advice first (from a surgeon and a solicitor).

I believe you could claim the money for doing this back from the owners if they refuse to do it themselves and you are unable to do it (but you should double check about this - it is an area fraught with difficulty and disagreement). Absolute minimum I would put the request in writing, explain the reasons, give them plenty of time, offer to help to the extent you are able and get several quotes and give them plenty of warning before going ahead. I'd also get witnesses to conversations, letters, the delivery of the letters and the actual work - because disputes of this nature can turn nasty. YHBW

Jake'sGran

http://www.theanswerbank.co.uk/

The link to the legal stuff is on this page.

amcluesent

People who let their conifers grow so high are pretty much giving two-fingers to neighbours - little chance of a reasonable discussion, like with the chavs who let their dog(s) bark day and night.

tomterm8

2boysmum wrote: »

Does this cover one tree on its own, I see on those websites it says a line of trees. We stay in a block of flats and the semi-detached house next to us has a ridiculously large tree in their front garden, it must be about 30ft high too and is also very wide, at the moment its not too bad as it doesn't have any leaves, but in the summer when it is full of leaves there is no sunlight in any of the flats front rooms.
Sorry to OP for hijacking their post

The act I quoted requires a minimum of two trees ( a hedge). Prior to that law, people usually sued under the common law right to light, which is established after 20 years.

"There is, under English law, no general right to light or to a view. As Chief Justice Wray stated in a case in 1611: "For prospect . . . is a matter only of delight . . . and the law does not give an action for such things as delight". If it did, Lord Hardwicke observed in 1752, "there would be no great towns". A right to light can be acquired for buildings (but not gardens) through 20 years' uninterrupted enjoyment, and in one case in 1979 it was held that a claim is not barred by virtue of the fact that a greenhouse needs more sunlight than does a room".

Suing under such a right of action is very dicey and very, very expensive. You would be well advised to contact a solicitor. With a willing council, I believe it is also theoretically possible to get an ASBO requiring them to cut the tree although I am not aware of any case law on that matter. However, I think it is quite possible that there are no real legal avenues.

I would suggest offering to help prune the tree yourself if you believe the objection is the expense.

2boysmum

Biggles wrote: »

30ft is not 'ridiculously high', it's Normal for a tree. And I trust it will get taller.

Was having sun in the front room one of the terms of the lease when you took the flat?

Well I'm not very good at judging heights so it may be bigger than that, but we stay in the ground floor flat so we get no light at all. We actually own the flat and bought it in the winter when there were no leaves on the tree and it was dull anyway, in the summer we have to have the lights on all day as its so dull

2boysmum

daska wrote: »

Quite agree. Trees are wonderful things and much needed in urban areas.

But...

The minimum recommendation for the distance from a building is ususally the height of the tree, though this depends on the variety as some roots spread further than others. If it's so close to the building that it's blocking the light then there is the potential for the roots to do some damage to the drains/foundations as well. This is not a foregone conclusion, many trees and buildings exist in perfect harmony for hundreds of years. But it is worth keeping an eye on

I've just had another look at the tree and I would say if it were to fall down, it would definately hit our building and more

pickledtink

I've been battling this one so think I can help.
A 'line' of Leyllandi ( horrible monsters) constitutes a hedge. They are renowned for rapid growth , light blocking and draining the soil of moisture and nutrients liable to cause subsidence and damage . Once planted you can apply to the local council for an order to cut them down to 2 metres. You have to pay it and it varies drastically from council to council.
Mine is over £300.00 !!
However once the order is made it is ongoing they MUST keep them at that height and you can pester the council to make sure they do every time it goes over. You don't have to pay again.
Ring your council and say you need to speak to their tree expert ( can't rememeber name exactly or spell it). You DO have rights and you can also do them for any damage to your building so get the other flat owners involved. it's their building too.
Good luck.

daska

2boysmum wrote: »

I've just had another look at the tree and I would say if it were to fall down, it would definately hit our building and more

Sorry, if the trees are healthy there is very little risk of that happening - I was referring to damage being done by the roots in search of water which can cause problems with drains and foundations.

If the tree is diseased, hollow etc then yes that would be potentially dangerous and you should contact your local council immediately for advice.

2boysmum

I didn't mean it was going to fall down. I was referring to your post regarding the minimum distance of tree's from the building.

I have nothing against trees. As we are the ground floor flat I own the garden, so am a gardener myself and have a number of small trees in my garden