Tree and garden boundary

Herbalus

There's a large tree horse chestnut tree, about 130-150% height of our standard terraced house, at the end of our moderate garden. The roots don't bother me as it's far enough away from the house, but it does block out some light and also overhangs the neighbours garden - almost the entire width at the end of the garden - at a height of perhaps 3m.

We're in a conservation area so limited as to what we can do with the tree, but I wondered what the options are. We own our house, but both neighbours are split into 4 bedrooms for students/professionals and neither have used the garden all summer, so I don't think they care about the overhanging tree. Removing the lower branches would mean we'd have to access their land - are people reasonable in these situations and could they deny access?

And do the neighbours have rights over the overhanging part of the tree? Could they cut the branches off at the point they cross over the fence?

RAS

In whose garden is the actual tree trunk?

Have you check whether there is a TPO?

G_M

If branches overhand a neighbour's garden they can cut them back/off.

What you're allowed to do depends on the nature of the conservation area - speak to the council's tree man.

Some neighbours are friendly. They'll give you access to their garden to attend to the tree, and offer cups of tea to the contractors.

Some neighbours are unfriendly. They'll deny you access to their garden to attend to the tree, and threaten you with trespass and worse.

The Access to Neighbouring Land Act 1992 may help.

Herbalus

The tree trunk is in my garden, and there isn't a TPO registered. It's just a conservation area.

And the whole access order through the courts sounds ghastly. Too much bureaucracy. I have to apply to the council to get it pruned as well. If the neighbours or their tenants are obtuse enough to prevent access, I could always chop off the branches from my garden and let the rest just fall into their garden

"Well you won't let me have access to come and clear it up my good sir..." :rotfl:

jellie

I wish my neighbour would ask me if he can come into my garden to tidy up his overhanging shrubs, instead of expecting me to deal with them.

AlexMac

I bet your neighbours would co-operate; we live in a conservation area and although I love trees, we were delighted when we got a planning letter formally consulting a neighbour's intenetion to fell one, and cut back a second of the Leylandii which cast permashadow on our small courtyard. The Council tree officer (in our case a tree woman) is also incredibly helpful and well-informed; lesser pruning may not even need the formal plannning application which felling in conservation areas generally requires. So fear not- ask the trees lady, then chat to your neighbours!

jamei305

Decide how much you want the tree reduced by and then speak to some tree surgeons.

Your chosen tree surgeon should help you apply for permission from the council.

You can then speak to your neighbour. In the unlikely event they don't allow access (which could probably be via your boundary fence using some ladders so no need to disturb them) then see what your tree surgeon can suggest in terms of reducing the height without needing access.