Old trees , new house

Old trees , new house

Postby Laddenvean » Tue Mar 24, 2015 4:29 pm

We have a small plot of land adjacent to ours, which has had a house built on it. The builder has stated that he can insist on the trees on my land, long established slow growing conifers, being cut down to 6 feet. The trees were there long before the house was thought of. I should add, he built the house so that it came within 2 metres of the trees. Does he have any right to dictate anything about the trees?
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Re: Old trees , new house

Postby MacadamB53 » Tue Mar 24, 2015 5:02 pm

Laddenvean wrote:We have a small plot of land adjacent to ours, which has had a house built on it. The builder has stated that he can insist on the trees on my land, long established slow growing conifers, being cut down to 6 feet. The trees were there long before the house was thought of. I should add, he built the house so that it came within 2 metres of the trees. Does he have any right to dictate anything about the trees?

Hi Laddenvean,

nice easy one - he has NO such right.

he has a right to cut any overhanging branches back so he can enjoy all his land - that is all.

Kind regards, Mac
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Re: Old trees , new house

Postby arsie » Tue Mar 24, 2015 5:07 pm

It is as Mac states. I am thinking he might be under the impression he can use the 'right to light' legislation but that applies to an existing building being affected. His is new and he chose to put it where he did.

Some builders/people cannot be trusted. Simply say "no you can't". It has happened that verbal permission just to cut back has resulted in a complete tree hatchet job, including trespassing to do so.

Put locks on any side gates.
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Re: Old trees , new house

Postby Laddenvean » Tue Mar 24, 2015 5:37 pm

Many thanks to Mac and Arsie, that is exactly as I thought, but good to have it confirmed.
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Re: Old trees , new house

Postby span » Tue Mar 24, 2015 8:16 pm

Whoa there, hold on a sec...... Conifers, you say? Could matey-boy be referring to the High Hedges legislation?

He may have a point after all.
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Re: Old trees , new house

Postby Laddenvean » Tue Mar 24, 2015 8:51 pm

What is "High hedge" legislation? I don't think there is any way these trees could be interpreted as a hedge.
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Re: Old trees , new house

Postby span » Tue Mar 24, 2015 9:01 pm

Laddenvean wrote:What is "High hedge" legislation? I don't think there is any way these trees could be interpreted as a hedge.


High hedge legislation
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Re: Old trees , new house

Postby MacadamB53 » Tue Mar 24, 2015 9:03 pm

Hi,

span is referring to Part 8 of the Anti-social Behaviour Act 2003:

http://www.legislation.gov.uk/ukpga/2003/38/part/8

the legislation does not confer any powers on people to cut their neighbour's trees/hedges.

Kind regards, Mac
edit: sorry span, crossed in the ether...
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Re: Old trees , new house

Postby ukmicky » Tue Mar 24, 2015 10:35 pm

MacadamB53 wrote:Hi,

span is referring to Part 8 of the Anti-social Behaviour Act 2003:

http://www.legislation.gov.uk/ukpga/2003/38/part/8

the legislation does not confer any powers on people to cut their neighbour's trees/hedges.

Kind regards, Mac
edit: sorry span, crossed in the ether...
He is saying he can insist on them being cut , not that he can do it.

However he can attempt to use High hedge legislation in an attempt to have the height reduced. it may work or it may not.
Advice given is not legally qualified and you are advised to gain a professional opinion
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Re: Old trees , new house

Postby Laddenvean » Thu Mar 26, 2015 12:28 am

Thanks for all the replies so far. Quite confused now. I've had a look at the "High hedge" legislation, but cannot see a definition of a hedge. Have I missed it? Can anyone help?
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Re: Old trees , new house

Postby MacadamB53 » Thu Mar 26, 2015 12:34 am

Hi Laddenvean,

I've had a look at the "High hedge" legislation, but cannot see a definition of a hedge

really??? you can't miss it:

(1)In this Part “high hedge” means so much of a barrier to light or access as—

(a)is formed wholly or predominantly by a line of two or more evergreens; and

(b)rises to a height of more than two metres above ground level.

(2)For the purposes of subsection (1) a line of evergreens is not to be regarded as forming a barrier to light or access if the existence of gaps significantly affects its overall effect as such a barrier at heights of more than two metres above ground level.

(3)In this section “evergreen” means an evergreen tree or shrub or a semi-evergreen tree or shrub.
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Re: Old trees , new house

Postby jdfi » Sat Apr 11, 2015 12:29 am

Laddenvean wrote:What is "High hedge" legislation? I don't think there is any way these trees could be interpreted as a hedge.


Two conifers is all that is needed
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