massive overhanging tree

Babymerlin

hi there

next door is council owned. it has a massive apple tree which over hangs our garden. TWO summers ago we asked the council if they could do something about it (the next door neighbours dont think they should ahve to do anythingabout it.....we have asked). the council fobbed us off like they do, anyway, last summer they said it will be taken down in winter cuz it wont have any leaves on it (fair enough we thought).....so winter comes....nothing, we phoned and they said that they have taken it off their list cuz they have to many to do.

we do realise we are in our right to chop it back what is over hanging our garden but the thing is it is HUGE and we will have no way of doing this safely, and plus the neighbours dont want us in their garden (so we would ahve to do this on a ladder with nothing to be put up against).

im getting stressed abotu it now as the tree is soooooo big it stops all the sunlight getting into our garden and house (so when the sun does have chance to come into garden......nothing.....our grass is moss at the moment cuz of it, our walls are damp, the house is never warm not even in the height of summer......

where do we stand with this?

WestonDave

As you say, you have the right to cut it back to the boundary provided you offer next door the cuttings (you have to offer, they don't have to accept and you can't just throw them back over!). If the council won't do it, you are going to struggle unless you can prove its causing structural damage. It might be simpler to get a quote from a local tree surgeon to cut it back - they will have the relevant tools etc to do it safely - but it will obviously cost you. Here in lies the rub - you can wait forever to get it done free, and continue to suffer the cold etc, or cough up and get on with life. With a bit of luck chopping a good chunk of the tree will destabilise it anyway so the council will have to finish the job!

macman

Have you put your complaint to the council in writing (not phone or email)
Tried your local councillor?
if not, do a letter of complaint cc'd to him/her.

Doozergirl

You can't make a neighbour take a tree down. The law allows you to cut anything on your side. If you don't feel you can trim your side safely then you will have to pay someone to do it for you.

Sorry.

We have a neighbour who doesn't even live in their house and he has a pointless conifer tree planted *just* on his side of the boundary between the two houses which he can't even see unless he walks right down the side. It entirely blocks our hall window - no sky, just solid conifer tree within inches of the window. We saw him in the summer and H told him that he was going to trim it, but it will look stupid because we will literally lop it in half. He was quite apologetic, said he'd get it dealt with and then did nothing. H is going to simply take it down.

soupdragon10

Is there not something about 'ancient lights' that gives you the right to unobstructed light into your property?

ic

soupdragon10 wrote: »

Is there not something about 'ancient lights' that gives you the right to unobstructed light into your property?

Nope. Unless something is written specifically into the deeds of the neighbours house, then there is no such law.

Babymerlin

thanks everyone!

i was hoping that someone would say that the council would have to do it.....poo! haha.

ok thats fine, better get talking to the neighbours to see if can get someone in to chop it back. im just dreading yet another summer with even less sunlight! height of summer.....cant even dry washing on the line!!!! arggh.

WestonDave

Just a thought - if you get a manual or hand chain saw, (basically a saw made up as a chain of linked moveable saw teeth) you could tie a rope to each end and pull it over the branch you want to cut, and then work it back and forth to cut from the ground. You'd need to be sure the branch wasn't going to land on you or anything else as it falls (so long ropes might be the order of the day) but it would get around the need to lean on the tree or climb wobbly ladders. Depends how the branches stand and whether you'd feel confident doing this.

http://www2.westfalia.net/shops/gardening/saws/chainsaws_and_accessories/hand_chainsaws/196190-hand_chain_saw.htm?