Tall trees in my garden

Tall trees in my garden

Postby samanthawarren » Wed Mar 09, 2016 7:33 pm

In the 1970s a new road was created to the side of my house, meaning I have 3 gardens backing on to the side of my property (2 onto my rear garden, 1 onto the front). The problem is the gardens that back onto my rear garden are extremely small, approx. 20ft in length, leaving no privacy whatsoever between the houses and gardens. To combat this, the then owners of my house planted a row of fast-growing conifers along the length of the garden (as well as along the rear and opposite side, for balance). These conifers are now approx. 8m tall, and have been for about the last 30 years. A new neighbour has recently purchased the house that backs onto my rear garden nearest my house and is threatening to take legal action if we don't cut the trees to 2.5m. We have offered to cut them level with the top of his bedroom windows but he's not bothered about privacy and just wants them as low as possible. The council's website has plenty about tall trees and loss of light but it doesn't seem that privacy is considered to be important. Privacy aside, my garden would be completely ruined if I had to carve a chunk out of it as he wishes, which would utterly devastate me as I am a very keen all year round, all weather gardener. Is there anything I can do? Does it count for anything that the trees have been there for such a long time or is this something that wouldn't even be taken into account? Any advice would be much appreciated.
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Re: Tall trees in my garden

Postby MacadamB53 » Wed Mar 09, 2016 7:51 pm

Hi samanthawarren,

Does it count for anything that the trees have been there for such a long time

not for 'high hedge' cases, no.

privacy aside, why would not having 8m conifers along the edge of your garden make it difficult to be a keen gardener? (genuine question - you've confused me because I would have thought more could be cultivated as a result, not less)

Kind regards, Mac
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Re: Tall trees in my garden

Postby mr sheen » Wed Mar 09, 2016 8:33 pm

8m conifers can be considered a legal 'nuisance' where they negatively impact upon the ability of neighbours to get full enjoyment of their property. The Council now deals with high conifer hedges that cause a nuisance such as you describe.

If you want privacy, there are many options to achieve it that do not cause a nuisance to neighbours eg you can add blinds to your windows.

On a small island like ours we have to accept living close to other people and try to make it as harmonious as possible.

My advice....be a good neighbour and get the trees cut to 2.5m which would satisfy the neighbour and not negatively impact on you.
If you don't the neighbour will probably engage the council in enforcing High Hedge Legislation and you will be in dispute. The dispute will probably escalate when it starts to cost him money and then he will seek his revenge.....bound to be ways he can cause a nuisance to you too......
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Re: Tall trees in my garden

Postby despair » Wed Mar 09, 2016 10:18 pm

But even if it went to HH dispute at the council they cannot order height reduction of more than 1/3rd

I hate conifer/leylandi hedges and their effects and 8 metres is rather taller than is reasonable

However this buyer knew the trees were there when he bought so instantly demanding reduction to 2.50 metres is wholly unreasonable
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Re: Tall trees in my garden

Postby MacadamB53 » Wed Mar 09, 2016 11:36 pm

Hi despair,

this buyer knew the trees were there when he bought so instantly demanding reduction to 2.50 metres is wholly unreasonable

so when would suggest he should ask - before buying when he can be told to jog on, or does he have to have been in for a fair while? a month, six months, a year, two years, ten years?!?

Bemused regards, Mac
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Re: Tall trees in my garden

Postby despair » Thu Mar 10, 2016 12:49 pm

The new buyer can ask whenever he likes but its darn high handed to instantly demand reduction from 8 metres to 2.50m

after all the trees were there when he viewed and bought the property

If it was me I would not have even bought the house knowing the trees were there

Of course the OP needs to consider matters carefully because as I have already said 8 metres is a crazy height
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Re: Tall trees in my garden

Postby COGGY » Thu Mar 10, 2016 3:07 pm

Hi
Despair said

Of course the OP needs to consider matters carefully because as I have already said 8 metres is a crazy height


Exactly.

Coggy
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Re: Tall trees in my garden

Postby Roblewis » Thu Mar 10, 2016 11:55 pm

My advice as always is to consider moving to bamboos in this situation as they are totally exempt from any legislation.
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