Tree problem!

TUVOK

Can any one advise please with regard to my back neighbours tree having grown so tall it is cutting out a lot of the sun.
I will be speaking to my neighbour about this problem, but would like to know generally how I stand legally?
Thanks for any/all replies.

elsien

In the shade, by the sound of it. 

I’m guessing the tree isn’t a danger and you just don’t like it? 

Martin_the_Unjust

How you stand legally? In the shade by the look of things.

This is definitely the sort of problem that has a tea and cake sort of solution rather than a legal one.

Davesnave

Legally, the neighbour can grow a tree as large as they like. If there's a preservation order on it, pruning  becomes more difficult, though not impossible.

I have just negotiated a deal with neighbours, whose trees on both private and communally-owned land are beginning to create problems. Key to getting agreement was the offer of an appropriate amount to pay the tree man and a written  promise to plant  replacement trees more suited to the location. Luckily, I'm dealing with reasonable people.

twopenny

Could you ask them round for tea and cakes in your garden and tell them you need to talk to them.

Place the table and chairs in the shade of the tree. This time of year that will be shadier than usual and they may see your problem ;-)

TUVOK

Thanks for all replies.
The shade that the tree gives is a real annoyance but the other worry that I have is the extent of the tree roots.
On all home insurance policies there is a question asking how near your house is the nearest tree, with I expect a penalty if you do have such a situation?
The tree in question is only about 20 yards away, at the top of the tree it already has spread its branches over my boundary, albeit that the tree is now approximately 100 feet high .
Does this make any difference?

Apodemus

While I can sympathise with the shade problem, if we removed all trees that are within 20 yards of houses in this country, our urban environment would be very much the poorer.  If it is 100 feet high, it surely must have been there for quite some time?  What sort of tree is it?

theoretica

I have only ever been asked about trees within 5m so I am pretty sure you can find insurers who won't need to be told about a tree 20m away.

TUVOK

The tree is a Silver Birch I believe.
I totally agree with regard to trees and our urban environment, but I do believe that in congested urban areas with small gardens planting a forest tree is providing a problem for the future with regard to neighbour disputes and at some time the problem of the tree falling due to what ever.
There are plenty of smaller trees which are perfectly suitable for a small garden, and either rules or education in choice are required.
The tree in question in my neighbours garden is causing a problem for myself and another neighbour, planting a large forest tree on the boundary of your property (like this one is) is ridiculous and leads to all kinds of issues.

ElephantBoy57

TUVOK said:

The tree is a Silver Birch I believe. The tree in question in my neighbours garden is causing a problem for myself and another neighbour, planting a large forest tree on the boundary of your property (like this one is) is ridiculous and leads to all kinds of issues.

The silver birch is a medium-sized deciduous tree. Not a large tree, but in the wrong location, it can be problematic.

https://en.wikipedia.org/wiki/Betula_pendula

twopenny

Silver Birch make dappled shade and can be quite lovely with the sun shining through. Almost no shade in winter.

I have some much closer than that and they cause no problems with roots.