huge monster tree blocking light !!!!!!

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nick.b
Posts: 9
Joined: Mon Mar 21, 2005 8:39 am

huge monster tree blocking light !!!!!!

Post by nick.b » Mon Mar 21, 2005 8:59 am

hi members... there is a massive salix caprea (goat willow) growing directly under my seconnd floor window blocking the light into my property as it faces directtly east. now the difficult part! i own the freehold of the land but downstairs lease the garden below me from myself and i cannot see any restrictive covenants apart from nuisance on their lease,i have asked them kindly both i n writing and verbally to reduce the trees height but to no avail,the result being that it is putting off prospective purchasers i have offered to pay for any work or replace the tree with a more manageable variety.as freeholder do i now have the right to demand that the work is done or could i just employ a reputable tree surgeonto carry out the work as i have rights of access over the land?? any ansewrs or advice would be gratefully received as were getting mighty stessed about the whole rediculous situation! .....kind regards...nick.b

David
Posts: 48
Joined: Fri Feb 25, 2005 6:52 pm

Re: huge monster tree blocking light !!!!!!

Post by David » Mon Mar 21, 2005 9:26 am

nick.b wrote:hi members... there is a massive salix caprea (goat willow) growing directly under my seconnd floor window blocking the light into my property as it faces directtly east. now the difficult part! i own the freehold of the land but downstairs lease the garden below me from myself and i cannot see any restrictive covenants apart from nuisance on their lease,i have asked them kindly both i n writing and verbally to reduce the trees height but to no avail,the result being that it is putting off prospective purchasers i have offered to pay for any work or replace the tree with a more manageable variety.as freeholder do i now have the right to demand that the work is done or could i just employ a reputable tree surgeonto carry out the work as i have rights of access over the land?? any ansewrs or advice would be gratefully received as were getting mighty stessed about the whole rediculous situation! .....kind regards...nick.b
I read that you hold the freehold on the land.....and therefore own the tree. If so do the work ...or are you a property developer?

nick.b
Posts: 9
Joined: Mon Mar 21, 2005 8:39 am

Post by nick.b » Tue Mar 22, 2005 6:49 pm

hello david thank you for replying... i am not a developer i own the freehold to a 2 storey maisonette ,i live in the upper flat the garden of the lower flat is directly below my property .5 years ago i bought the freehold of the building. the lower flat is therefore leasing on a 125 year existing lease from myself . are you sure that as i own the freehold to the property and its land that it is fully legal for myself to employ a bona fide tree surgeon to reduce this trees height , surely i would have to give notice? there is a nuicence clause in their lease and other neighbours have complained, any further advice would be gratefully received........kind regards nick.

Alan Harris
Expert
Posts: 497
Joined: Thu Feb 24, 2005 11:46 pm
Location: Hayes, Kent

Post by Alan Harris » Wed Mar 23, 2005 9:52 am

Dear Nick b

It may depend on the lease. If the leaseholder is responsible for maintaining the tree he may actually own it. Look at the wording.

Trees which are close to the window may infringe the right to light so even if the lessee owns it you may have at least the right to severely prune it

Regards

Alan Harris
Alan is a consulting engineer specialising in subsidence, tree roots, soils and party wall surveying.

nick.b
Posts: 9
Joined: Mon Mar 21, 2005 8:39 am

Post by nick.b » Wed Mar 23, 2005 10:00 am

dear alan thanks for your reply...i have scoured their lease and cannot find anything relating to the maintanance of trees,what can i do now?it has now just led to another sale falling through as i have had to reveal to the prospective purchasers that the ocuppants of the lower flat will not budge on reducing the trees height. has anyone out there got any more suggestions please?

twig
Posts: 452
Joined: Fri Feb 25, 2005 10:35 am

Post by twig » Wed Mar 23, 2005 12:02 pm

It's hard to say without reading the lease but I'd say it's your tree, do what you like with it. Does the lease allow you access to the garden to do the work?

nick.b
Posts: 9
Joined: Mon Mar 21, 2005 8:39 am

Post by nick.b » Wed Mar 23, 2005 2:33 pm

dear twig... there is a section in the lease saying that i have the "rite at all reasonable times to enter upon the premises adjoining the demised premises and in particular the lower flat for the purposes of executing repairs and alterisations." but still no specific mention of the garden.there is also a nuisance clause but it does not define what constitutes a nuisance! any more advice gratefully accepted as i am trying to avoid litagation. .....kind regards nick.b

twig
Posts: 452
Joined: Fri Feb 25, 2005 10:35 am

Post by twig » Thu Mar 24, 2005 12:04 pm

Unfortunately you are unlikely to get definitive advice here since we haven't seen your lease but from what you've said I would say it's your tree, you have a right of entry to the property so you can cut it down if you want. My advice to you would be to take your lease into a solicitor and have them check it to be sure.

There may also be a requirement in the lease for you to serve notice on the leaseholder below if you intend to enter in upon the demised premises which may include the garden.

Beech
Posts: 1051
Joined: Sun Feb 27, 2005 2:09 pm
Contact:

Post by Beech » Thu Mar 24, 2005 6:14 pm

You could contact the Leasehold Advisory Service http://www.lease-advice.org/newintro.htm either by using their website or their telephone advice line.

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