Neighbour's tree taller than their roof and blocks my sunlight

CatPerson

Hi,

I need advice on how to resolve the issue of my neighbours tree.

My neighbour is an elderly lady in her 80's she also lives with her son. Although I have never seen him in 6 years but I do hear him.

We live in old semi detached houses. The gardens are small but in her garden is a huge tree, I think its an evergreen tree but not sure of the type. The branches touch her windows and its as tall as her roof. I get very little sun light in my garden because of the tree. I have asked her if it could be cut back, I've even offered to pay, but she won't have any of it. When I cut back the over hanging branches she came out and was getting very agitated. I think she might also have the start of dementia as says a lot of strange things and her memory is very poor.

I have contacted my council but found they weren't much help either as I need to resolve it with her.

I don't know what to do? Is there anything I can do?

moneyistooshorttomention

Difficult situation.

The one thing that is clear is that you are legally allowed to cut overhanging branches that are coming over the boundary into your garden. The law states you should then offer those branches back to her - which she may or may not want. I don't expect she will want them - but at least it will be clear you've offered them back - so you will be in the clear on that.

EDIT; btw - you'd be better off asking the board guides if they can transfer this thread to the housing sub-forum. You're likely to receive more answers there.

Gloomendoom

I had this problem from the other perspective. My tree was shading a neighbour’s conservatory from 6pm, two months of the year, and they weren’t happy. What peeved me slightly was that the tree was there and the same size when they bought the house.

I did reduce its height though.

One thing I would point out from having/had elderly neighbours myself is that they can get extremely upset when asked/forced to do things, sometimes apparently trivial things, outside their comfort zone. Please bear that in mind. You will be old too, one day.

spirit

You will get some good advice on the legal aspects here

http://www.gardenlaw.co.uk/phpBB2/index.php

Davesnave

CatPerson wrote: »

I have contacted my council but found they weren't much help either as I need to resolve it with her.

I don't know what to do? Is there anything I can do?

As the council have explained, this is a private matter. It may be that you cannot 'resolve' it completely if the neighbour insists on maintaining the status quo.

While you may think they are beginning to lack some mental capacity, that's not something which influences the situation either.

What you can do is use your rights under the law to have the tree cut back to the boundary. If you do this via a qualified tree surgeon, they will advise you if there is anything dangerous about the tree. However, it will still be up to the neighbour whether they act on any such advice.

Most evergreen trees have shallow and compact root systems that don't have a reputation for harming property. Without an ID it's impossible to be sure whether there could be any likely impact from its growth on your house or the neighbour's. Again, a professional assessment would be needed.

hollydays

If it doesn’t lose its leaves in winter it’s evergreen

Davesnave

hollydays wrote: »

If it doesn’t lose its leaves in winter it’s evergreen

Yes, but there are large differences between, say, eucalyptus species, leyland cypress and blue cedar.

However, if the OP only *thinks* it's evergreen, then more research could be applied to the ID.

moneyistooshorttomention

Gloomendoom wrote: »

One thing I would point out from having/had elderly neighbours myself is that they can get extremely upset when asked/forced to do things, sometimes apparently trivial things, outside their comfort zone. Please bear that in mind. You will be old too, one day.

It's true they can have a reaction out of all proportion to what is being requested (even if the other person is being perfectly reasonable by any objective standards).

Sometimes it's down to them "hating change" (I'm thinking of my elderly mother here) but she's obviously come round to some extent re her neighbours - as she is talking about how one of her new young ones has been in doing her a favour in her house:rotfl:and she's clearly got them "looking out for her":)

Other times - they've clearly been "ruling the roost" for some time and have never thought about whether what they want is reasonable or no. They've just decided it's what they want/told themselves some reason why they're "entitled to it" and steam-rollered over anyone else nearby to make sure they get their own way long before they ever became elderly. But they now get away with it - because they play the "Elderly Card" and you'll soon figure out why other elderlies nearby that you've barely clapped eyes on obviously have negative feelings about you (ie because they've been told to have them - rather than making up their own minds for themselves).

So - trim the branches coming into your garden and proceed with caution re the bit of the tree that's in their garden and you may just have to "grit your teeth" and wait it out for the next owner of the house (as they may not want the tree).

moneyistooshorttomention

At an immediate practical level (apart from that branch trimming) - I wonder whether one way to deal with the current problem of your garden being too shaded would be to buy some attractive large plant pots that you'd like anyway.

The plan being to fill those pots with plants of your choice - but meanwhile (ie whilst you're waiting/hoping for the shade to be reduced) you fill them with shade-loving plants you like (if not as much as your "free choice" of plants) and put them in the (temporarily?) shaded bits.

[Deleted User]

CatPerson wrote: »

My neighbour is an elderly lady in her 80's she also lives with her son. Although I have never seen him in 6 years but I do hear him.

Just check that their surname isn't Bates.

Primrose

Elderly people don,t like change and being asked to make an immediate decision puts them under pressure. How about a note to her on the following lines

Dear
Would you like to come round for a cup of tea or coffee on.....at such and such a time.

We would really like to to chat to you about your tree and give yo a chance to see the impact it has on us from our side of the fence.

At this gloomy time of year we would love to see a little more daylight and sunlight in our lives. Perhaps you would too? We realise you may not feel you can cope with the hassle of having it cut back but we would be happy to organise this...and even bear the cost

Please do consider this. We look forward to seeing you.”

It may not work. You can only try.

We are facing a similar situation with an elderly and intransigent neighbour and his enormous conifer which blocks out daylight and sunlight to several adjacent properties. It,s about time the law was changed to encompass these situations in “nuisance” laws.