Do I have to pay to cut back neighbours laylandii

morningsun

Please can you help?

My neighbours Leylandii run, on his side, the length of our boundary which is made of 5 foot fence panels slotted between concrete posts. This fence is our joint responsibility, we both acknowledge.

His leylandii are approx 40 feet high and massively hang over the fence. Over time some of the fence panels have become weather-beaten and need replacing (the slightest of windy days will bring them out of their posts). The panels can not be replaced without his leylandii being cut back as the new panels need to be offered from above the posts they slide in to.

Am I correct in thinking it is his responsibility to cut back the branches so the new panels can be fitted?

Also at another point in my garden, his leylandii are overhanging so much they are now resting on part of my (flat) roof. Again it is his responsibility to cut back the branches?

I have a fair relationship with my neighbour and don’t want to damage it without knowing I am correct in this dispute.

Too Long Didn’t Read:
Neighbours overhanging leylandii branches are preventing us replace fence panels. Who should pay to have the branches cut back?

sheramber

Have you approached your neighbour about cutting back the trees.

http://news.bbc.co.uk/1/hi/uk_politics/4596685.stm

REEN

You could get the plastic 1ft fence panels, then you'd only need 1ft clearance. They aren't pretty and they are expensive but never need painting.

Bollotom

Have a read of the link below. It's for trees but I would imagine it would be the same for plants, flowers and bushes. :cool:

http://www.problemneighbours.co.uk/rights-trees-and-overhanging-branches.html

londonTiger

sheramber wrote: »

Have you approached your neighbour about cutting back the trees.

http://news.bbc.co.uk/1/hi/uk_politics/4596685.stm

that's a news article of a proposed legislation written in 2005. Do you have a link to the actual legislation??

Btw. our fence panels are pretty high, perhaps 2M. I am 6'2" (around 187cm I believe) and I can't look over the fence.

Davesnave

Since there is no legal requirement to have any fence at all, your neighbour is able to decide on what terms they will contribute to its replacement, and so are you, regardless of what you may have agreed in the past.

It's a matter of negotiation.

The neighbour is under no legal obligation to cut back the trees in either of the circumstances you mention, though you are allowed to trim them to the boundary, so long as you offer the trimmings back to him/her.

With regard to the High Hedges legislation, it did become law, but it is fairly complicated and seen as a last resort: https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/9411/highhedgescomplaining.pdf