Trees - cutting down

skim

I have a couple of trees, which are huge, just behind the fence in my garden & I've checked whether they are TPO'd (they are not) & also looking at the Land registry details it shows the trees within our garden but in reality they are outside our fence & then there is a metre or so & then there is a neighbours garden (these houses were built 30 years before ours)

Do you think there would be any problem cutting the trees down.

If the neighbour complains has he got any rights even though the tree are within our boundary on our deeds?

marybishop

Bit confused as it sounds like the trees are in no mans land. If LR details show the trees as being in your garden why is the fence on the wrong side of the trees (or am I missing something). Having said that I know LR details are not always correct.

skim

My house was built about 10 years ago - I believe the builders just erected the fence in my side of the trees because it would be much more difficult to fence off otherwise.

I don't think there is anything called no-mans-land within the law.
Surely someone owns it somewhere?

Hadrian

Once you have found out whose trees they are would you consider having work done on them instead of felling them? Tree surgeons will advise on any remedial action, ie opening out the crown, removing dead branches etc. To fell a single large tree (say 20m) depending on access and space would be many hundreds of £'s. The Land Registry details are the law by the way.

skim

Hadrian wrote: »

Once you have found out whose trees they are would you consider having work done on them instead of felling them? Tree surgeons will advise on any remedial action, ie opening out the crown, removing dead branches etc. To fell a single large tree (say 20m) depending on access and space would be many hundreds of £'s. The Land Registry details are the law by the way.

Unfortunately, it is a small garden & they need to go.
They pose a danger to us if they get struck by lightening & they totally overshadow the whole garden.

I have only recently moved in & had taken a view that I'd leave them but once spring came all the light disappeared.

Woby_Tide

It sounds like you own the land they are on, the builders just put the fence on the other side for sake of ease to create a 'garden' but if the LR shows them on yours then it's more likely that your fence was built further frward, rather then the other neighbours choosing to lose a few feet of their garden.

economiser

You don't say how huge or what trees they are. As suggested you could have them reduced or even pollarded. If you take them down what will you see? Removing big tree (say 50ft high or more) will certainly cost several hundred pounds.

skim

2 trees = £325 including taking everything away, which I'm quite happy with.
Re what I'll see is light hopefully.
These trees are 50ft high & only 30 ft from the house so it's very close.

marybishop

skim wrote: »

I have a couple of trees, which are huge, just behind the fence in my garden & I've checked whether they are TPO'd (they are not) & also looking at the Land registry details it shows the trees within our garden but in reality they are outside our fence & then there is a metre or so & then there is a neighbours garden (these houses were built 30 years before ours)

Do you think there would be any problem cutting the trees down.

If the neighbour complains has he got any rights even though the tree are within our boundary on our deeds?

The thing is LR details aren't always correct - what do your neighbour's deeds show as their boundary. If the builders have put the fence in the wrong place then you have a potential boundary dispute on your hands. Could you speak to the neighbours and get them to check their deeds as to where the boundary actually is. Could save you a lot of money in the long run.

never_enough

I had 3 huge conifers cut down last year that were in my garden but due to their size over my fence/neighbours garden by about 2 metres. I spoke to them before I had them cut down & they were very happy about it as the trees were cutting off lots of light to their garden. So your neighbours may be happy too.
I believe that you can download your neighbours plans too, which may help sort out the boundary. I agree the builder probably put the fence where it was easiest for them so you may end up with more space as well as more light. :j

paddy's_mum

I wouldn't be speaking to the neighbours just yet about what their deeds might or might not show. You may be tipping them off and actually kick-starting a dispute.

Better perhaps to download their deeds (if their property is registered) from the Land Registry website, then check the position about where the boundary is without alerting your neighbour that there is a potential problem. Always better, in my view, to speak only when you know the full facts.

Bear in mind also that your neighbour might actually like/enjoy the trees perhaps for their screening value or attraction to wildlife. I'd be tiptoeing a bit for a little while longer.