Neibours tree height

mjfusent

Hi,
We've recently moved into a semi-rural property which is not subject to a tree preservation order. The bottom of our garden adjoins an orchard belonging to a large property in a 4-5 acre garden, as we are in the slope of a valley their land is substantally lower than ours however there is a of largeish tree which overhangs our fence and somewhat obscures our light and view. I'm thinking of politely asking the neighbor if we could arrange to have the tree trimmed a little but wondered if anyone knows of any rules regarding the height of trees bordering/overhanging neighbouring properties.

Thanks for any advice,

Mike

JennyW_2

this may help:

http://www.gardenlaw.co.uk/trees.html

you are allowed to trim back branches, however any fruit which has dropped into your garden must be returned to your neighbour along with the branches you have cut back (which is handy as it shouldn't be down to you to remove their overhanging branches )

TJ27

If you are wondering about the new(ish) high hedges legislation, it only applies to conifers. To be a hedge there have to be at least two conifers next to each other.

Another thing to bear in mind is that, contrary to popular belief, there is no such thing as a right to light or a right to a view.

Of course you won't want to fall out with your neighbours and if it were me I'd probably do just what you suggest - have a friendly word with them. If you don't mind doing the work, or paying for the work to be done, I can't imagine they'd say no.

Happy_saver_4

TJ27 wrote:

Another thing to bear in mind is that, contrary to popular belief, there is no such thing as a right to light .......

Afraid you're wrong - see below


What is a ‘right to light’?

A right to light may be acquired by ‘anyone who has had
uninterrupted use of something over someone else’s land for
20 years without consent, openly and without threat, and without
interruption of more than a year.’
Your right to light is protected in England and Wales under
common law, adverse possession or by the Prescription Act 1832.
If a new building limits the amount of light coming in through a
window and the level of light inside falls below the accepted level,
then this constitutes an obstruction. Unless you waive your rights
you are entitled to take legal action against your neighbour.
Any kind of ‘development’ can potentially block the light coming
into your home. For instance:
• A neighbour’s new shed
• Garden walls
• Extensions
• Part of a new housing or commercial development.

More info available by doing a Google ' right to light' search

TJ27

Ooops. Quite right. Mind you, I don't think there is a right to light in open ground, only to a window or something. If the tree is at the bottom of the garden I doubt that anything could be done in this respect. Depends on the size of he garden I suppose.

The right to light stuff seems designed to stop people building tower blocks outside your kitchen window but I don't know how it would apply to trees.

Victoria_Falls

"Civil law allows you to remove any overhanging branches that overhang your property back to the actual boundary line, ie projected up into the airspace over the line. This can technically be done without informing or gaining permission from the neighbour, but it is always much better to at least inform them. Technically the wood removed is owned by the owner of the tree. Therefore it should be offered or returned to that owner. If the tree is protected i.e tree preservation order / conservation area, then the appropriate pre-permission will need to be obtained. Alleged blocking of light to the house or garden is a separate situation and there are complex legal issues involved. Consequently if an amicable discussion or agreement between the parties does not resolve the problem then consult a solicitor".