Leylandii, Council and moving neighbours

Leylandii, Council and moving neighbours

Postby Barty1972 » Tue Aug 19, 2014 5:25 pm

Hi all

Thank you for allowing me to post.

We have a problem with some Leylandii in our next door neighbours' garden. There are two of them and they are approximately 30 ft high. They are completely blocking the light from our garden and also the neighbour's garden next to us. Our grass has all died under the trees. We are informed by our local Council that they would deem this to be a hedge as there are two or more!!

Our problem is this. A couple of years ago our neighbour said that he was aware that the trees were getting too high and that he would do something with them. He never did. A couple of months ago he put the house on the market for sale. At this point we took the opportunity to mention the trees and he said yes they were way too high and he would get it sorted - he had a friend who is a gardener. I work in a Solicitors and had been advised to make the neighbours aware that there was an issue with the trees prior to a sale as they would need to disclose the issue in the Sellers Information Form. We received a text last week to say that hopefully they were completing their sale this Friday and at this point we asked whether they had managed to sort the trees. To which the answer was - no, their friend was too busy, they could not afford to pay someone and we should basically take it up with the new neighbours (something which we were desperately trying to avoid as we did not wish them to think we were the neighbours from hell!). We have had a Tree Surgeon come and look at the trees and he has given a price for the complete removal of them, but would also be willing to remove all the overhang from our side, which is approximately half the tree as we have as much on our side as the neighbours have on theirs. However, he would not be able to guarantee the stability of the trees if he did this. We are not sure where to go now. We really did not wish to have to confront the new neighbours about the trees, but it would seem that we are going to have little option. We also accept that we have no right to light either and so they do not have to remove the trees if they do not wish. The Council have said that they will intervene but an application is going to cost £500, which is twice the price of having the trees removed. I am assuming that if our neighbours have failed to disclose that there is an issue with the trees in their Sellers Information Pack then this would be something the new neighbours would have to take up with the old neighbours.

Any comments or suggestions would be greatly appreciated.

Lisa
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Re: Leylandii, Council and moving neighbours

Postby gablewallhell » Wed Sep 10, 2014 12:52 pm

Hi

I am no expert, but I have three options:
1 Can you find out if the sale of property included the removal of the trees? If so remove them yourself before tour neighbour moves as your neighbours "gardener" may never turn up, a sort of good-will gesture to your old neighbour. Some expense but problem solved in long run.
2 If your old neighbour has left, get them cut down before the new neighbour arrives? Bearing in mind you are probably breaking the law as they are not yours to cut down. But if this was part of the plan, but was never undertaken because of dodgy gardener friend, who is loosing out?
3 do nothing and be stuck with them and have "embarrassing" start with new neighbours re talk about removing them. The new neighbours may love them!

Best of luck

Mark
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Re: Leylandii, Council and moving neighbours

Postby jdfi » Thu Sep 11, 2014 4:03 pm

The guy above gives good practical advice.

Cut them down to say 5 feet, then the incoming neighbours won't expect any different going forwards.
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Re: Leylandii, Council and moving neighbours

Postby ukmicky » Thu Sep 11, 2014 10:08 pm

Whilst the above advice about cutting them down may sound tempting,it is criminal damage for which you can be

1 Arrested.
2 Be fined.
3 Gain a criminal record that will need to be revealed to future employeers.
4 Have your DNA forever stored on the UK National Criminal Intelligence DNA Database.
5 Be ordered to pay for the cost of mature replacements running into many hundreds of pounds.
6 Fall out forever with any future owner who purchases the property who may have wanted to retain the trees.


Also you say ''confront the new neighbours about the trees''

You can in a friendly way ask them to reduce the height but they have done nothing legally or morally wrong if they say no.
Advice given is not legally qualified and you are advised to gain a professional opinion
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Re: Leylandii, Council and moving neighbours

Postby arborlad » Fri Sep 12, 2014 9:48 am

arborlad

smile...it confuses people
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Re: Leylandii, Council and moving neighbours

Postby arsie » Fri Sep 12, 2014 10:52 am

Thanks arborlad. So this thread is a duplicate and, anyway, the OP hasn't been around for a few weeks now ...
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Re: Leylandii, Council and moving neighbours

Postby arborlad » Fri Sep 12, 2014 11:44 am

arsie wrote: So this thread is a duplicate and, ...



.................any advice is three weeks too late...........
arborlad

smile...it confuses people
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Re: Leylandii, Council and moving neighbours

Postby jdfi » Sat Sep 13, 2014 1:39 pm

ukmicky wrote:Whilst the above advice about cutting them down may sound tempting,it is criminal damage for which you can be

1 Arrested.
2 Be fined.
3 Gain a criminal record that will need to be revealed to future employeers.
4 Have your DNA forever stored on the UK National Criminal Intelligence DNA Database.
5 Be ordered to pay for the cost of mature replacements running into many hundreds of pounds.
6 Fall out forever with any future owner who purchases the property who may have wanted to retain the trees.


Also you say ''confront the new neighbours about the trees''

You can in a friendly way ask them to reduce the height but they have done nothing legally or morally wrong if they say no.


In between 1 and 2 you need to add 'be found guilty beyond reasonable doubt by a magistrates bench'.

If there's noone living there and no witnesses, this will be hard.
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Re: Leylandii, Council and moving neighbours

Postby ukmicky » Sat Sep 13, 2014 6:58 pm

jdfi wrote:
ukmicky wrote:Whilst the above advice about cutting them down may sound tempting,it is criminal damage for which you can be

1 Arrested.
2 Be fined.
3 Gain a criminal record that will need to be revealed to future employeers.
4 Have your DNA forever stored on the UK National Criminal Intelligence DNA Database.
5 Be ordered to pay for the cost of mature replacements running into many hundreds of pounds.
6 Fall out forever with any future owner who purchases the property who may have wanted to retain the trees.


Also you say ''confront the new neighbours about the trees''

You can in a friendly way ask them to reduce the height but they have done nothing legally or morally wrong if they say no.


In between 1 and 2 you need to add 'be found guilty beyond reasonable doubt by a magistrates bench'.

If there's noone living there and no witnesses, this will be hard.



You would have to be the dumbest of the dumb to commit a criminal act if you thought you were going to be caught , however the courts are full everyday with idiots who are just as dumb because they thought they would get away with it. .

I forgot nothing because i would hope the OP is a law abiding citizen and not a dumb idiot.

And to top it off i also said ''can be''.
Advice given is not legally qualified and you are advised to gain a professional opinion
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