what to do about leylandii in neighbours garden blocking sun?

Morty_007

Hi all,
Our very small garden backs onto another garden which has in it, very near to the dividing fence, a single 30 ft leylandii tree. Since we moved in in April, it has grown to such an extent that our back garden now gets no sun at all. The roots have not disturbed our garden yet...it is the sun I am worried about as our garden became very damp towards the end of last summer, I believe because of this and as a result the lawn is full of moss and very little will grow in it I think they may refuse because they are bird lovers and won't want the habitat removed.

I plan to write a very carefully worded letter to the home owner to ask them to have it cut back a bit but what if they say no? Do I have any legal right to ask for it to be cut back? Do I have any legal right to the sun in my back garden?!

Also could anyone give me any ideas of how to word the letter? I don't wish to fall out with the neighbours but I do so much want sun in my back garden.

Thanks in advance

WestonDave

Unless there are good reasons to the contrary (like you know they are nasty types) I would always try to talk first rather than start with a letter as in some cases the mere act of writing puts peoples backs up - "If they'd just asked...."

How much do you want it gone - would you be prepared to pay for the trimming or even to pay for it to be removed and replaced by a sapling of something more suitable but still bird friendly? From a bird perspective our experience is that the birds ignore the Leylandii type tree in our garden but positively flock round a shrub bearing orange berries (don't know its name!). That shrub sits at a comfortable 6ft if trimmed and would allow you some sun.

I think the law now allows you to insist on Leylandii hedges being cut back to 6ft but I suspect it would be easy to argue in this case that its not a hedge and so doesn't come in the scope of that ruling.

Have the conversation - an over the fence kind of thing - you may find they feel it is getting a bit much but haven't got around to doing anything about it.

badmumof1

you say you have been in your house since April
was the tree there when you moved in or was it planted after you moved in.

if it was there when you moved in then you cannot expect your neighbour to take it out just because you dont like it because you knew it was there when you bought the property.
leylandi trees also grow between 2 and 3 foot a year

BUT on the flip side of this i understand what you are going through as when we bought our house within a few weeks neighbour had put in a line of 10 alongside the fence ( 3 foot fence, wooden posts and slats )
hubby told the guy his concerns but i am going back around 18 years ago and the guy said oh they wont grow that big.
within a few years they were 10 foot, then 20 foot then at around them being 40 foot about 6 years ago i climbed up and cut them down ( the guy had died and his wife was elderly and asked us to help)
the neighbour at the bottom of the garden had the same trees and nothing would grow underneath them and every year most of the dead twigs would cover the ground.
she eventually had them taken out as they were damaging her property.

lynx10

'Hedge height and light loss' (Guide to download)
Office of the Deputy Prime Minister, via
http://www.communities.gov.uk/index.asp?id=1127869

Plus: 'Spreadsheet to calculate action hedge height' (Excel 38 Kb)

Tactful might be best initially. Check with your local authority for advice (something like Planning Enforcement), also, they can act, but as last resort.

Regards,

Dave.

mrs_baggins

you can speak to your local council but they do make a charge for investigating and taking action of this kind and its somewhere between 200 and 350 pounds. in my council its environmental protection which deals with it but this varies. But have a think first as there may be nothing which can be done and then you have wasted a lot of money

hollydays

If you do raise the issue with them though,you need to be clear cos they might just ignore you thinking its jut a bit of over the fence moaning.The fewer times you have to discuss it,the less chance you have of falling out with them.

lynx10

mrs_baggins wrote:

you can speak to your local council but they do make a charge for investigating and taking action of this kind and its somewhere between 200 and 350 pounds. in my council its environmental protection which deals with it but this varies...

I understand that initial informal advice should be free of charge. Only when formal assistance is sought - after other communications have been exhausted with the tree/hedge owners - will charges apply.

Regards,

Dave.

sandieb

I think I would build up a bit of a neighbourly relationship first. I think that falling out with one's neighbours might be even worse - a friend of mine has had a terrible dispute with her neighbours over a boundary fence.

I also agree it's better to speak to someone first rather than have a letter as the first contact. I would feel quite upset that someone felt they couldn't ask me and have a discussion about it beforehand.

bj-sailaway

DON'T GO TO THE COUNCIL! If you ever want to move, you have to dis-close any disputes with neighbours, and you don't want something like that cropping up.

Was the tree there before you? If not , knock and ask them about it nicely, if that fails, few nails in the trees, soaked with Jeyes fluid should kill them off!!!! But of course you wouldn't do anything that despicable!

freyaluck

have to say copper nails are very good- but i wouldnt advise it personally:rolleyes:

fleur

I'm having problems with the neighbours that back onto us. If any roots come onto your property, dig a trench ,cut through the roots and refill the trench with lime, conifers don't like this. There is a website called hedgeline which has a lot of advice. The new law that came in is not that helpfull, the injured party is the one that has to pay out.