Neighbours tree question

My neighbours do nothing with their garden. A garden firm come in once a fortnight and mows the grass, but everything else just grows wild.

We live in a semi, and they have a tree that is now taller than the houses. It's 5m from the house wall with a 3m spread and it's just on their side of the boundary. I do have their permission to chop off anything that overhangs on my side, but we only have small step ladders so all the overhanging branches above 10ft haven't been removed and it now overhangs by up to 3m. Due to the way the house faces, the tree blocks all the sunlight by mid-afternoon and the whole garden is in shade which is a shame as we'd like to be able to sit out in the sun after work and have BBQ's and stuff.

I've recently noticed today among the mass of other stuff, that there is now a secondary tree growing about 1.5m from the house. It is currently about 10ft tall. I know that potentially it could grow as big as the other tree and I'm worried about the damage both the tree and it's roots can do to my home.

The neighbours couldn't care less, and they are the sort of people to ignore things until a problem is caused. I really don't want it to get to that stage.

Is there anything I can do to make them remove the second tree?

I also remember when I renewed my insurance, I was asked if there were large trees growing within a 5m distance of the house which I truthfully answered no to. Will this tree will affect my insurance next year?
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Comments

  • keystone
    keystone Posts: 10,916 Forumite
    Well first of all you don't have a right to light - noone does.

    You could always get a tree surgeon in to trim it back above the 10 feet you can reach.

    You have to negotiate I'm afraid. You can't force him to do anything about it.

    If the insurance co asked the question then theres a fair chance that the answer to your last question is yes - otherwise they wouldn't have asked it! What do they mean by "Large"? They may have a different definition to you. A 400 year old oak is large by my reckoning.

    Cheers
    The difference between genius and stupidity is that genius has it's limits. - Einstein
  • iamcornholio
    iamcornholio Posts: 1,900 Forumite
    keystone wrote: »
    Well first of all you don't have a right to light - noone does.

    A right to light can be aquired under Statue Law, but this applies to new buildings blocking light, not trees. [Prescription Act 1832]

    A right to light can also be granted/enjoyed by way of a covenant or easement on the property deeds and this can apply to buildings or trees

    As for the OP, there is nothing you can do to have the tree or new tree removed, and it's a waste of time worrying if damage might or might not occur, as a tree by a house does not automatically mean that it will damage the house.

    You would have to declare a large tree, but is this a tree or a shrub? Also, 10ft is large for a bonzai but not large for a Larch

    You need to engage a company to cut the branches higher up than you can reach off your steps. Also ask the neighbour if they want you to arrange for the tree to be maintained (ie reduced in height) at your expense while they are there. If agreed, give it a good thinning out
  • The 10ft tree is definitely the same as the tree that is taller than the house. The leaves etc are exactly the same. Smaller trees have grown from the big tree on our side of the garden, but we pull them out before they get established.

    Haven't got the funds for a tree surgeon at the moment. Things not to good financially here.

    Just such a shame when we've looked after our garden and now we can't use it to sit in the sun because next door have let the garden grow wild. Our lawn is a mess on that side as we are fighting a losing battle against moss and weeds, and our patio never gets the sun on it at all, so we don't enjoy eating on it anymore.

    It also annoys me that they don't cut anything back and one fence has already been damaged that I had to pay to replace as they wouldn't contribute. I have to spend time each month cutting everything back away from the fence to prevent damage to the new fence, plus pick all the leaves up in the autumn and clean tree sap up etc.
  • macman
    macman Posts: 53,129 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    BTW you don't need your neighbour's permission to remove any overhanging branches on your side, however you have to offer the cuttings back to them after removal. They may refuse them back!
    If their neglect is causing damage to your fence and they won't compensate you, then your recourse is through a civil action against them.
    No free lunch, and no free laptop ;)
  • gmgmgm
    gmgmgm Posts: 511 Forumite
    So to summarise: you're worried about a tiny tree and you have shade caused by a larger tree which is out of your reach but you've agreed with the neighbour you can happily prune on your side?

    Seems the best option is to stop worrying about the little tree until it's bigger (so about twenty years) and in the short term to get a longer pruning saw.
  • the_cows_udders
    the_cows_udders Posts: 56 Forumite
    edited 18 July 2010 at 1:28PM
    As I've said, we can't reach the higher branches on the big tree and I can't afford to pay for a tree surgeon to do it. A longer pruning saw wouldn't work as I'm not aware of saws that are several metres long.

    The big tree has grown quickly over the years, which is why I am worried that the small tree will also grow quickly and cause damage. The branches on the big tree are 3m long and I'm guessing the roots are the same. The small tree is only 1.5m away from the house.

    I'm sorry it seems like a joke and a trivial matter, but we really enjoy being outside and have previously spent a lot of time and money making our garden into an extra room so to speak, and now we can't use it as intended as we don't get any sunlight in the garden.

    It makes us feel down, especially when next door don't even use their garden and they don't care that they have ruined ours.

    I'm sure if I started playing loud music and caused a nusiance, the neighbours would be round to complain and I'd be forced to stop playing loud music. It's a shame there is nothing that can be done about the nusiance of overgrown gardens that spoil other people's enjoyment of their garden.
  • bobhawke
    bobhawke Posts: 359 Forumite
    A longer pruning saw wouldn't work as I'm not aware of saws that are several metres long.


    Google for telescopic pruning saw, should be able to get one that extends 2.5m for a reasonable price
  • Thanks very much. I didn't know you could get those.

    What's the safest way to cut the branches down? The lower branches are 3m long and about 8cm thick so they're probably quite heavy. My husband is really clumsy too which doesn't help! Sorry if this is a stupid question :o
  • bobhawke
    bobhawke Posts: 359 Forumite
    If he is clumsy and unsure of himself then best to cut them in smaller pieces rather than cutting big branches off in one.
    if there is any worry about where they are going to fall then tie a rope around it and have somebody pull while the other person is cutting.
  • h.cowell
    h.cowell Posts: 228 Forumite
    Part of the Furniture 100 Posts Combo Breaker
    This sort of thing isn't trivial, in my opinion. A lot depends on the available space, and an oversized tree in a small to medium garden can quickly become a problem if not looked after.

    You have my sympathy and I hope you can find a solution :)
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