Council trees overhanging property

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Joined: Tue Jul 30, 2013 5:26 pm

Council trees overhanging property

Post by asprinta » Tue Jul 30, 2013 5:56 pm

One side of my property runs along a road and planted along the side of the road on the verge are a number of leylandii trees some of which are only about 2 to 3 m from my property. Most of them stand taller than my property (normal house not a bungalow) and all overhang with some touch the property. The fence has dropped by some 1" to 2" and the paving stones have all become loose and have also sunk. Living in the SE we are on clay soil.

I have contacted the highways and byways dept of the council who have accepted that they are their responsibility but have indicated that due to cuts they are unlikely to do anything about any of the trees?

Would appreciate some advice as to where I stand and what my rights are as a council tax payer. Surely they cannot just simply turn their back on this? Would this be covered by High Hedge Law?

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Re: Council trees overhanging property

Post by TO » Wed Jul 31, 2013 12:56 pm


You can cut off everything that encroaches across the boundary. The convention is, (although some will argue differently), that you offer back to the tree owner what you cut off. If the tree owner declines the offer you must dispose of the arisings in a responsible manner, by which I don't mean placing them carefully back on the highway. :lol:

The high hedges legislation will apply if there are two or more evergreens in a row that are over 2m tall and a barrier to light or access. So they probably would, but it's not possible to give a definitive answer without seeing them.

I would be minded to suggest to the Council that it would be cheaper all round, not a bad thing in these days of ever deeper cuts, to do something about the hedge as opposed to spending even more of their ever dwindeling resources on dealing with a high hedge dispute. Also, speak to your local Councillor they may be able to help get some action from the Council.


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Location: Hampshire

Re: Council trees overhanging property

Post by catapult1 » Wed Sep 11, 2013 1:51 pm

Councils are very good at making developers and home owners cut back overhang of the public highway but are rubbish at doing their own.

Keep on at them and contact your local counciler.
My answers are not of a legal nature, only what I consider to be common sense.

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