height of trees

height of trees

Postby womblyn » Thu Sep 01, 2016 5:18 pm

Hello all I will be grateful for some clarification about tree heights.
I have a weigela shrub/tree in my garden that is about 9 -10 feet feet high. It is deciduous and not near any of my neighbour's windows or drains as she doesn't actually have any drains in her garden. It can get very big, but the branches usually arch over when they grow so far. I have always told my neighbour that she is welcome to cut back any stray overhangs to the line of the fence.

However I came home from work last year, and without any discussion or prior indication to me that they had a problem with the tree, I found that she had leant 3 feet over the boundary and cut into the back of the tree to reduce the height by about 4 feet. I pointed out this could be classed as criminal damage, but didn't take it any further. She said the leaves were an issue so I offered to go and collect them when they fell, even though I have to constantly pick up her cats' mess in my garden. I took 4 feet off the front of the tree to even it up and over the last year have chipped away at it to keep it a reasonable height. I keep it trimmed so that the back of the tree is always about 18 inches from the fence and intend to lower it by another couple of feet as soon as they have moved their swimming pool from under it - if I do it now leaves will fall into the pool and that will cause complaints too.

They haven't actually complained to me personally but while sat in my garden on the weekend I overheard them saying they are going to make me cut the tree to 6 feet (the height of their fence). I'm not sure how they intend to do this but according to them, trees should be no taller than 6 feet tall. I don't want to reduce it too much as it is loved by bees, butterflies and birds which I enjoy seeing in my garden, while they have a concrete jungle.

I have read while browsing the internet that trees don't have a particular height specification and I know some trees are the height of houses, so I just wanted to check with any other members here who may have experience of this, if they can force me to cut it this low.

Many thanks
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Re: height of trees

Postby despair » Thu Sep 01, 2016 7:31 pm

your neighbour is talking utter censored

there is no rule whatever for any tree or vegetation

the only law that can be applied after a lot of correct letters, mediation and council involvement is concerning evergreen hedges
like Leylandi via the High Hedge Law
theres no way whatever a weigela can be classed a problem
its a pity you did not call the police last year and get her charged with criminal damage

many people suffer a deluge of leaves from neighbours huge trees every autumn but theres zero they can do about that either

tell your neighbour to naff off ..keep .taking dated photos with witnesses now so you have evidence if she attacks it again
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Re: height of trees

Postby COGGY » Thu Sep 01, 2016 8:07 pm

Also keep a record of the date you overheard her conversation. Coggy
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Re: height of trees

Postby MacadamB53 » Thu Sep 01, 2016 8:27 pm

Hi womblyn,

I overheard them saying they are going to make me cut the tree to 6 feet (the height of their fence). I'm not sure how they intend to do this but according to them, trees should be no taller than 6 feet tall. I don't want to reduce it...

don't reduce it - I wouldn't either - the law is on your side with this one.

Kind regards, Mac
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Re: height of trees

Postby Collaborate » Thu Sep 01, 2016 10:01 pm

despair wrote:its a pity you did not call the police last year and get her charged with criminal damage



I wouldn't waste your breath. I called the police yesterday after some youths with an American Bulldog were getting it worked up enough to rip large branches off a mature tree and scatter them around the field. Didn't ring 999, but the local station.

The muppet I spoke to said it's not criminal damage as it could grow back again. She's wrong - it's first term/first year law student stuff.
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Re: height of trees

Postby appledore » Fri Sep 02, 2016 7:20 pm

Some yobs pushed part of a neighbour's wall over, and the police told them that it wasn't criminal damage as the bricks weren't damaged and they could build the wall again.

Womblyn stick to your guns. We're having the same problem with one of our neighbours, he's taken it into his head that our hedge is too high. They are mature trees and not a hedge. He's threatened to take a chain saw to them. Would he like it if we went into his house and started cutting up his property? The trees are our property.
Keep calm and carry on.
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Re: height of trees

Postby womblyn » Sat Sep 03, 2016 11:09 am

Many thanks all for your replies, I was pretty certain she couldn't do anything about my tree but just wanted to make sure I hadn't missed anything or misinterpreted what I had read on the internet.
Best wishes Womblyn
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Re: height of trees

Postby COGGY » Sat Sep 03, 2016 1:31 pm

Hi

Your neighbour cannot legally make you cut your tree. She has taken action once and therefore it is possible she could do so again. Is it possible for you to put something on the boundary, a trellis for example? Coggy
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