neighbours tree is starting to block the view of the valley from my house

DaftyDuck

Firstly, if you chop the roots on your side, and the tree is damaged, dies, or becomes unstable, you are legally responsible. It's really not a way to go. Think back to that chap who was fined, then remember not to do it. There are regular prosecutions, and it's easy enough to prove who dunnit.

Secondly, it's unlikely to fall under the height restrictions of a hedge, as it appears, from what you say, to be planted well inside (four to five feet) his property, does not form part of the boundary, and is not encroaching on your property directly. {However, you do also say you could lop some branches off - maybe it is closer than I think).

Thirdly, it makes no difference who moved in first, who's house is older, who has more money, or who thinks the view is improved or spoilt. So long as the growth in the garden is not directly (roots, branches, soil heave) affecting you, you have no legal recourse to require him to do anything. Views most certainly don't count. It's not impossible for (and this might apply here, or it might not) the blocking of your view to enhance the view of those further down the valley, where the tree hides your (ugly - OK, hypothetical case) property.


This, however,

He looks in his 70s, will just have to hope he pops off soon

does rather make me hope he plants another fast-growing tree - preferably a Eucalyptus! It also makes me suspect (two plus two making five) that he's probably got little reason to view you in a "good neighbourly" manner.


Any chance of a photograph?

moneyistooshorttomention

A photo would not be a good idea. Just in case the neighbour concerned recognises its him we're talking about. OP - I strongly suggest you DONT put up a photo just in case...

I can understand OP's frustration as, when someone is taking or trying to take something away from you that you have (OP's view in her case, a bit of my garden in my case) then by far the easiest resolution would be if they were no longer on the scene. If they moved that would do the trick as well of course...

As far as root depth is concerned, I understand that leylandii (for instance) have pretty shallow roots and would imagine that other conifers are also reasonably shallow-rooted. I had a couple of 6'/7' conifers taken out of my garden when I moved here (I hate conifers of any description with a passion personally - ugly trees) and, as far as I can make out, the roots of those trees probably went down around 3' or so.

lstar337

jackieb wrote: »

That's nice, wishing death on your neighbour so you can enjoy the view.

I don't think anybody seriously believes the OP is wishing death on his neighbour. Lets grow up a bit shall we.

jackieb

lstar337 wrote: »

I don't think anybody seriously believes the OP is wishing death on his neighbour. Lets grow up a bit shall we.

Hey, i'm only repeating what they said. You need to ask them whether they mean it or not.

Idiophreak

Just had a great thought. Get the oldest, rustiest trampoline you can find and bounce to "enjoy the view" at all hours of the day and night. The shouts of "wheeeeeee!" and the incessant creaking will drive him potty eventually

DaftyDuck

Money, you do talk such rot! We all know nobody geriatric ever uses the web - you excepted, of course. OP, stick a photo up, assume the neighbour is offline for the next hour or so, then remove it, before the Net Police come knocking at your door, if it worries you. Don't become infected with MITSTM's paranoia and biases. Life is too short.

The OP doesn't own the view. She never did. The old bloke isn't trying to take anything away from her, he's just getting on with growing things in his own garden. His tree may well improve his view and, in many cases, conifers don't respond well to topping.

You, too, appear to be wishing life-termination on your neighbour (something they may well welcome since you moved in), which is just delightful, but much in keeping with the persona that is currently coming across on this forum.

Your situation is rather different, yet you appear to bring your baggage & resentments into pretty much every post you make these days... your view of the definition of "family", your view on "neighbours"... Seriously, to me you appear to be becoming increasingly wound up by the bad things in life at the moment. Chill!

OP. Stick a photo up, let's see if there's a possible answer. We should, at least, be able to identify if the tree is likely to be classified as part of the hedge, whether it'd respond to topping, and offer more constructive advice

pimento

You catch more flies with honey than with vinegar. I'd be buttering him up to change his mind.

Idiophreak

DaftyDuck wrote: »

The old bloke isn't trying to take anything away from her, he's just getting on with growing things in his own garden.

Quite, just as people aren't trying to make you step in anything, they're just getting on with walking their dogs.

Just as people aren't trying to give you lung cancer when they come and sit down and puff away next to you at the beach - they're just getting on with enjoying their cigarette in the fresh sea air.

Just as people aren't trying to ruin your movie in the cinema - they're just getting on with making their calls.

---lee---

An Enlgishman's home is his castle and all that!

The whole point of buying a house is so that you can make it your own - within reason. What this man has done is lawful and within his own home. For all we know the poor old bloke might have planted the trees because he's sick of being overlooked - who knows! It's not a nice situation when people try to force or bully you into doing things that you don't want to do in your own home. Tread carefully, you could cause a great deal of resentment, especially now that you have the council sending him letters!

My point is, if you want to control the land, you need to buy it - that's how life works.

I would not dream of asking any of my neighbours to cut back or cut down their trees. Only a couple of weeks ago, one of my neighbours was apologising for a few of his trees where they have overgrown over my path and are touching my garage. I told him not to worry about it and I would simply cut them back to the fence when I had time.

DaftyDuck

Idiophreak - there is a major difference between all your examples, and what is happening here. What he is doing is (in the main) contained entirely within his property, without incursion into anyone else's space. The view was over his garden; he may (hypothetically) wish to increase privacy in his garden via the trees, improve his view by blocking out the OP's house, or whatever. He may not want the OP peering into his private space, as it sounds like his house is lower.

Your examples would hold true if you visited their house, and stepped in their own dog's po0, sat beside them at their pool, and had to inhale their smoke, or went to their home cinema, and had to put up with them making a call.