Request to trim tree in garden

bunberry

Not sure where to post this question, apologies if it's in the wrong forum

We recently bought our first house and moved in a few weeks ago. Last night, an A4 page length letter was delivered through the door from the people we share the back fence with, welcoming us to the neighbourhood and requesting that we "trim the conifer trees at the bottom of the garden" and make sure that they are "maintained at a sensible height", as not only do the trees stop sunlight from reaching their garden and shroud it in darkness, the roots of the tree prevent their plants prospering.

The letter mentioned that as keen gardeners, they would like to "plant shrubs that would increase the privacy between our properties, but fear they will not grow due to the destructive nature and roots of the conifer". And no plants can thrive unless grown in a pot.

I think it would be easier to explain if I included some pictures.

Photo taken by neighbour behind us (our house is on the right in this pic):


View from our house (tree on the left side of the red fence is ours):


They approached the previous owners in 2011, and will also be writing a letter to our next door neighbour with the same request. Having checked Zoopla, neighbours behind us moved in 3 years ago whereas the previous occupants have lived here for almost a decade, so one would have assumed that if maintenance is necessary, this would have been mentioned when we bought the house, which wasn't the case.

Is this a reasonable request, and what should we do about it? We know absolutely nothing about trees or gardening in general, so would really appreciate some advice. I could be wrong, but looking at the photo provided of the offending trees, they belong to our next door neighbour who has more trees, and their trees appear to be taller and more obstructive.

As first time buyers who spent the bulk of our life savings on this house, we have not budgeted for and cannot realistically afford to regularly maintain a tree

On a side note, what is considered to be a "sensible height" for trees?

Any input & advice would be much appreciated. Thanks in advance!

Leif

You have no obligation to do anything to the trees if they are on your land. The neighnour is entitled to trim overhanging branches, and encroaching roots, but if the tree falls due to root trimming, they would be liable for any damage caused.

If the letter was instructing me to trim trees, it would annoy me.

I think you should think about what you want, do you want the trees there, do they add value? If not, what do you want there?

And from a neighbourly perspective, I would ask myself if the trees were indeed blocking a significant amount of light from next door. It might be worth talking to them. If they are arrogant, ignore them. If they are pleasant, think about the request. Visit their garden, and see how much is in shade.

fwor

Covered by Part VIII of the Anti-social Behaviour Act 2003, isn't it?

If the trees on your boundary really are excessively tall (they appear to be from the photos), your neighbour can require you to have them reduced.

I can't recall if a specific height was ever stated, but you can probably find that info yourself.

Andy_L

Legally, they have no "right to light" so you do not have to maintain the trees at "a sensible height" (unless the house deeds make a specific provision for doing so) however it does make you a bit of a git-ish neighbour to not do so.

You do have a duty to ensure your trees are safe and not causing damage to other persons’ property

Horizon81

Tell him to jog on. The piece of paper saying 'at 8.50am when the garden should be in sunlight' is utter nonsense. My house should be in sunlight all day long, but oh yeah there's lots of other houses and garages blocking out the light. It's annoying but if he hates it that much maybe he should move.

If he had any guts and was a reasonable person he'd approach you in person rather than writing snotty letters. You've answered your own question. You haven't got the resources to maintain the trees and they are presumably not causing you any problems. You need to be firm with these neighbours or they may just continue to be a nuisance. Perhaps why the last owners moved out!

bunberry

Thank you for your replies.

Just to point out though, that the trees within the green fence belong to our next door neighbour, not us. Our tree is to the left of the red fence. I've updated the photo to make this clearer.

bunberry

Leif wrote: »

I think you should think about what you want, do you want the trees there, do they add value? If not, what do you want there?

And from a neighbourly perspective, I would ask myself if the trees were indeed blocking a significant amount of light from next door. It might be worth talking to them. If they are arrogant, ignore them. If they are pleasant, think about the request. Visit their garden, and see how much is in shade.

I've never given the tree a second thought. It's in a corner of the garden and doesn't take up much space, one end of the washing line is tied to its branches, so I guess it does have a small use.

We will pay them a visit once we've phoned the council to see what they say.

Kernel_Sanders

bunberry wrote: »

Not sure where to post this question, apologies if it's in the wrong forum

The 'Green' forum, surely?

Seriously though, you bought this property without thinking the height of these trees would be a problem for neighbours? Why didn't you ask them beforehand?

bunberry

Kernel_Sanders wrote: »

The 'Green' forum, surely?

Seriously though, you bought this property without thinking the height of these trees would be a problem for neighbours? Why didn't you ask them beforehand?

We only have the one tree in our garden. As I previously mentioned, we're first time buyers and the whole process was overwhelming and stressful enough. It might have been an oversight on our part but when we looked at houses, the height of that tree genuinely did not cross our minds.

Horizon81

Yes so the majority of the trees are on your next door neighbour's land, not yours. Usually conifers are on one person's property with the aim of providing privacy but here it would suggest they have been here a long long time. Do you like the trees? Do they afford you some privacy? Had you never thought about it? I do feel for the neighbours who are in your shadow but they haven't really approached this in the right way ("welcome to the neighbourhood, now cut your trees!!) and in any case they have no right to light and you have no money/desire to cut them/fell them. I wouldn't worry about being neighbourly, it's not your problem.

Mojisola

bunberry wrote: »

We recently bought our first house and moved in a few weeks ago. Last night, an A4 page length letter was delivered through the door from the people we share the back fence with, welcoming us to the neighbourhood and requesting that we "trim the conifer trees at the bottom of the garden" and make sure that they are "maintained at a sensible height", as not only do the trees stop sunlight from reaching their garden and shroud it in darkness, the roots of the tree prevent their plants prospering.

Is this a reasonable request, and what should we do about it?

As first time buyers who spent the bulk of our life savings on this house, we have not budgeted for and cannot realistically afford to regularly maintain a tree

On a side note, what is considered to be a "sensible height" for trees?

Your neighbours can ask - you can comply or refuse. They cannot make you cut down your trees or keep them to any particular height. The only legal recourse they have is the High Hedge legislation. As you only have one tree, that doesn't apply to you.

It can be worth being co-operative with your neighbours - as long as they are reasonable people. If they are bullies and this is the first move in order to intimidate new owners, it could be the start of a long list of things they want you to do. You'll have to use your judgment of their character.

If your tree is affecting their garden and you're not bothered about losing it, offer to have it removed if they pay for it but get them to pay up front!