Rights with neighbours overhanging trees?

M00nface

Just looking for some advice on a some of our neighbours trees. Our neighbour has three trees in a row, two of them over hang our property fence while one is further back.

The row of trees block sunlight to the right side of the property and our garden. One tree is a conifer. Both these cause tree droppings in our garden, we do not mind cleaning these as these aren't much of a nuisance, only issue is our cat tries to eat all of these when he out in the garden and we aren't sure if these are toxic to him (any advice on this would be great too). The droppings happen daily though so we can't be cleaning them every day as we are at work and these do build up. The conifer also sits on our roof. The leaves from these trees are also blocking our gutter and we are concerned that when it is windy, the conifer branches are visibly scraping across our roof and are concerned about the tiles.

 We believe the owner of the property is a landlord as they have been letting out the property but have never actually met them. We wanted to contact the letting agent before anything and ask if we could potentially have their details to discuss anything if we have any rights with these trees. Possibly anything with the High Hedges Act as there is a row of two trees or more? We also know we can trim anything that over hangs our boundary, the trees are quite high too. Have attached photos 

princeofpounds

High hedges act only applies to two or more evergreen or semi-evergreen plants, or mixed hedges that are predominantly-so. As you only have one conifer it does not seem to apply in your case.

You are at liberty to cut down any branches that overhang the boundary at your own expense. In theory you are supposed to offer the cuttings back to them. That assumes there is no Tree Preservation Order on the trees, which is unlikely in this circumstance but can be quickly checked with the council.

What do you mean by 'tree droppings? Leaves? Sycamore seeds? Pinecones?

If the tree is causing damage to your building (roots or branches) despite you taking reasonable steps to cut it back on your side, then you can put the neighbouring owner 'on notice' for creating a legal nuisance. That will make them liable for any further damage.

Honestly in your situation I would probably do the following:

- speak to your neighbouring owner about the trees, either through the letting agent or direct. 
- specifically ask them to cut down the conifer, as it is very close to the building and will potentially cause damage to e.g. your gutter or gable end.
- negotiate pruning of the sycamores.
- follow up in writing, specifically to put them on notice re the potential for damage.
- if they are indecisive, at the very least cut back to the boundary where appropriate. Also consider offering a modest cash contribution to get more comprehensive work done - it's not 'right' but it may sway them to get it done.

FreeBear

princeofpounds said: You are at liberty to cut down any branches that overhang the boundary at your own expense. In theory you are supposed to offer the cuttings back to them. That assumes there is no Tree Preservation Order on the trees, which is unlikely in this circumstance but can be quickly checked with the council.

the TPO thing also applies to any tree measuring 75mm or more in diameter at 1.5m above ground within a conservation area. But again, this probably doesn't affect the OP.

M00nface

princeofpounds said:

High hedges act only applies to two or more evergreen or semi-evergreen plants, or mixed hedges that are predominantly-so. As you only have one conifer it does not seem to apply in your case.

You are at liberty to cut down any branches that overhang the boundary at your own expense. In theory you are supposed to offer the cuttings back to them. That assumes there is no Tree Preservation Order on the trees, which is unlikely in this circumstance but can be quickly checked with the council.

What do you mean by 'tree droppings? Leaves? Sycamore seeds? Pinecones?

If the tree is causing damage to your building (roots or branches) despite you taking reasonable steps to cut it back on your side, then you can put the neighbouring owner 'on notice' for creating a legal nuisance. That will make them liable for any further damage.

Honestly in your situation I would probably do the following:

- speak to your neighbouring owner about the trees, either through the letting agent or direct. 
- specifically ask them to cut down the conifer, as it is very close to the building and will potentially cause damage to e.g. your gutter or gable end.
- negotiate pruning of the sycamores.
- follow up in writing, specifically to put them on notice re the potential for damage.
- if they are indecisive, at the very least cut back to the boundary where appropriate. Also consider offering a modest cash contribution to get more comprehensive work done - it's not 'right' but it may sway them to get it done.

Thankyou so much for this information! Really helpful. When I say droppings I literally mean everything that can and will fall off a tree. Leaves, twigs, blossom from the tree next to the conifer, the little brown nub things from conifers (excuse the lack of tree knowledge haha) those are the things the cat tries to eat anyway but they are the ones that fall constantly along with the blossom. The gutters are full of conifer bits including leaves.

Rosa_Damascena

Nothing constructive to add except I think it should be illegal to plant / cultivate new trees within spitting distance of a boundary.

Ganga

Rosa_Damascena said:

Nothing constructive to add except I think it should be illegal to plant / cultivate new trees within spitting distance of a boundary.

How far can you spit ? 

princeofpounds

Rosa_Damascena said:

Nothing constructive to add except I think it should be illegal to plant / cultivate new trees within spitting distance of a boundary.

Someone should tell those trees to stop spreading seeds.

M00nface said:

princeofpounds said:

High hedges act only applies to two or more evergreen or semi-evergreen plants, or mixed hedges that are predominantly-so. As you only have one conifer it does not seem to apply in your case.

You are at liberty to cut down any branches that overhang the boundary at your own expense. In theory you are supposed to offer the cuttings back to them. That assumes there is no Tree Preservation Order on the trees, which is unlikely in this circumstance but can be quickly checked with the council.

What do you mean by 'tree droppings? Leaves? Sycamore seeds? Pinecones?

If the tree is causing damage to your building (roots or branches) despite you taking reasonable steps to cut it back on your side, then you can put the neighbouring owner 'on notice' for creating a legal nuisance. That will make them liable for any further damage.

Honestly in your situation I would probably do the following:

- speak to your neighbouring owner about the trees, either through the letting agent or direct. 
- specifically ask them to cut down the conifer, as it is very close to the building and will potentially cause damage to e.g. your gutter or gable end.
- negotiate pruning of the sycamores.
- follow up in writing, specifically to put them on notice re the potential for damage.
- if they are indecisive, at the very least cut back to the boundary where appropriate. Also consider offering a modest cash contribution to get more comprehensive work done - it's not 'right' but it may sway them to get it done.

Thankyou so much for this information! Really helpful. When I say droppings I literally mean everything that can and will fall off a tree. Leaves, twigs, blossom from the tree next to the conifer, the little brown nub things from conifers (excuse the lack of tree knowledge haha) those are the things the cat tries to eat anyway but they are the ones that fall constantly along with the blossom. The gutters are full of conifer bits including leaves.

Pine cones? (or Fir cones, I didn't look that closely at the picture)...

I know a cat might like to play with them. Even chew them. But actually eat them in any real quantity? That's unusual. They aren't poisonous but they are fibrous and resinous. Perhaps your cat is craving some roughage in its diet.

koalakoala

Roots from that tree could do a lot of damage to your house

Laz123

koalakoala said:

Roots from that tree could do a lot of damage to your house

Some house insurance companies take this seriously and could refuse a policy if the tree is too close.

M00nface

koalakoala said:

Roots from that tree could do a lot of damage to your house

That is true. I don't know if it might also  affect the fact we have the manhole drain cover for the sewage in our back garden right next to the trees

M00nface

Laz123 said:

koalakoala said:

Roots from that tree could do a lot of damage to your house

Some house insurance companies take this seriously and could refuse a policy if the tree is too close.

We have a policy but yes this is cause for concern definitely. We have the sewage drain cover in our garden too right next to the Base of these trees