Leylandii law on how near it can be planted to a house

snorebear
Posts: 4
Joined: Thu Dec 22, 2011 10:19 pm
Number of Posts per Page: 6
Number of topics per page: 6

Leylandii law on how near it can be planted to a house

Post by snorebear » Sat Dec 24, 2011 10:50 am

My neighbour planted 3 Leylandii trees in the summer they are now waving around at 8ft. The furthest is approx 1m away the nearest 2ft 6 ins approx.

would be very grateful for any comments. thanks in advance. :?

despair
Posts: 16314
Joined: Mon Mar 14, 2005 7:07 am

Re: Leylandii law on how near it can be planted to a house

Post by despair » Sat Dec 24, 2011 11:52 am

There is no Law on planting Leylandi even close to a house although its clearly very anti social that close

You can exercise your legal right to cut back strictly to the boundary all branches and roots but you must not kill or destabilise the trees
You can install a root barrier to block spread of the roots

If actual damage occurs you can put your neighbour on notice that they will be responsible for all damage after that date if they refuse to take remedial action

Unless the inticate details of the High Hedge Law can be used theres little other than appealing to your neighbours better nature you can do about the planting

Treeman
Posts: 3993
Joined: Fri Feb 25, 2005 7:02 am
Number of Posts per Page: 50

Re: Leylandii law on how near it can be planted to a house

Post by Treeman » Sat Dec 24, 2011 12:56 pm

despair wrote:There is no Law on planting Leylandi even close to a house although its clearly very anti social that close

You can exercise your legal right to cut back strictly to the boundary all branches and roots but you must not kill or destabilise the trees

You can install a root barrier to block spread of the roots


If actual damage occurs you can put your neighbour on notice that they will be responsible for all damage after that date if they refuse to take remedial action

Unless the inticate details of the High Hedge Law can be used theres little other than appealing to your neighbours better nature you can do about the planting


If you install a root barrier it will prevent the tree forming a radial root pattern and thus become compromised (unstable)


Discuss.................................

despair
Posts: 16314
Joined: Mon Mar 14, 2005 7:07 am

Re: Leylandii law on how near it can be planted to a house

Post by despair » Sat Dec 24, 2011 2:37 pm

Treeman ............your so darn clever you come up with an answer to the OPs problem

mr sheen
Posts: 2257
Joined: Fri Feb 27, 2009 2:33 pm

Re: Leylandii law on how near it can be planted to a house

Post by mr sheen » Sat Dec 24, 2011 2:43 pm

Speak to them and let them know you are unhappy with the position of the trees and that you will be exercising your rights and keeping the roots and branches cut back off your land. If they do nothing write to them telling tham this.

You do not have to allow roots or branches to come onto your property both can be cut back to the boundary. If your neighbour has planted trees that need your land to flourish, they can only expect that you will protect your property.

If the trees are destabilised/killed by your actions of exercising your rights...they would have to take you to court and prove that your actions caused them financial losses and justify having planted the trees where they would not grow without access to your land and show the letter that you gave them informing them that you would be cutting back roots and branches that encroached onto your property and they decided to let them continue to grow despite you having notified them...making this eventuality not worth worrying about.

Treeman
Posts: 3993
Joined: Fri Feb 25, 2005 7:02 am
Number of Posts per Page: 50

Re: Leylandii law on how near it can be planted to a house

Post by Treeman » Sat Dec 24, 2011 3:26 pm

despair wrote:Treeman ............your so darn clever you come up with an answer to the OPs problem
It’s not clever it’s just a statement of fact, it’s quite an obvious concept but you just parrot out what you heard somewhere else often out of context and without much thought. Your “lycra” one size fits all approach to peoples problems has holes in it.

You ought to know by now that there isn’t a solution but at least it gives you the chance to “hear” your own voice once again.

It would be accurate to say is that the neighbour has every right to do what they want within the bounds of their property and the law and until it becomes an actionable nuisance there is nothing you can do.

despair
Posts: 16314
Joined: Mon Mar 14, 2005 7:07 am

Re: Leylandii law on how near it can be planted to a house

Post by despair » Sat Dec 24, 2011 6:10 pm

The OP said the Leylandi were only planted in the summer ...........therefore the OP has every right to block their roots by whatever means they see fit

they also have every right to cut and offer back every single leaf /branch /needle that crosses the boundary

What we do not know is why the neighbour decided to plant such contentious trees

Treeman
Posts: 3993
Joined: Fri Feb 25, 2005 7:02 am
Number of Posts per Page: 50

Re: Leylandii law on how near it can be planted to a house

Post by Treeman » Sat Dec 24, 2011 6:33 pm

despair wrote:The OP said the Leylandi were only planted in the summer ...........therefore the OP has every right to block their roots by whatever means they see fit

they also have every right to cut and offer back every single leaf /branch /needle that crosses the boundary

What we do not know is why the neighbour decided to plant such contentious trees
In my not inconsiderable experience of the owners of leylandii hedges they only have one purpose, they are used to screen out what the owner does not like. It is after all their single purpose

snorebear
Posts: 4
Joined: Thu Dec 22, 2011 10:19 pm
Number of Posts per Page: 6
Number of topics per page: 6

Re: Leylandii law on how near it can be planted to a house

Post by snorebear » Sat Dec 24, 2011 10:58 pm

Thank you very much for all replies Treeman and Despair. I appreciate both sides of the coin. Obviously I am trying my best to see it from my neighbours point of view despite being extremely pessimistic that they will a problem in the future but how many years on will the house need underpinning or worse! I can remember going to a friend's house in the past and her garden backed onto a main road so she had planted Leylandii hedging to screen the traffic from being seen and the noise. In this circumstance I can see the advantage but in many other cases I really cannot see why people choose it.

despair
Posts: 16314
Joined: Mon Mar 14, 2005 7:07 am

Re: Leylandii law on how near it can be planted to a house

Post by despair » Sun Dec 25, 2011 12:05 am

Sometimes Leylandi are planted in sheer spite

sometimes in blissfull ignorance of what a pest they can become

either way if they are planted on a boundary or that close to a building their height and spread in 10 years label which should be on them is ignored and so many problems ensue

Sudynim
Posts: 2242
Joined: Mon Dec 21, 2009 6:31 pm

Re: Leylandii law on how near it can be planted to a house

Post by Sudynim » Sun Dec 25, 2011 2:08 am

mr sheen wrote:Speak to them and let them know you are unhappy with the position of the trees and that you will be exercising your rights and keeping the roots and branches cut back off your land. If they do nothing write to them telling tham this.

You do not have to allow roots or branches to come onto your property both can be cut back to the boundary. If your neighbour has planted trees that need your land to flourish, they can only expect that you will protect your property.

If the trees are destabilised/killed by your actions of exercising your rights...they would have to take you to court and prove that your actions caused them financial losses and justify having planted the trees where they would not grow without access to your land and show the letter that you gave them informing them that you would be cutting back roots and branches that encroached onto your property and they decided to let them continue to grow despite you having notified them...making this eventuality not worth worrying about.
Good advice. Install a root barrier now and keep foliage tightly pruned to the boundary.

Treeman
Posts: 3993
Joined: Fri Feb 25, 2005 7:02 am
Number of Posts per Page: 50

Re: Leylandii law on how near it can be planted to a house

Post by Treeman » Sun Dec 25, 2011 8:33 am

mr sheen wrote:
If the trees are destabilised/killed by your actions of exercising your rights...they would have to take you to court and prove that your actions caused them financial losses and justify having planted the trees where they would not grow without access to your land and show the letter that you gave them informing them that you would be cutting back roots and branches that encroached onto your property and they decided to let them continue to grow despite you having notified them...making this eventuality not worth worrying about.
That’s just not true is it?

Under what law would that justification be required then?

Treeman
Posts: 3993
Joined: Fri Feb 25, 2005 7:02 am
Number of Posts per Page: 50

Re: Leylandii law on how near it can be planted to a house

Post by Treeman » Sun Dec 25, 2011 8:42 am

mr sheen wrote:
If the trees are destabilised/killed by your actions of exercising your rights...they would have to take you to court and prove that your actions caused them financial losses

This is true, however the other side of that coin is the right to self abate nuisance, If the tree dies or falls as a result of cutting back to the boundary can you claim losses for the tree?

If it were unable to survive without commiting trespass it was surely doomed?

I have over the years shamelessly mullered and mutilated many trees shrubs and bushes in the name of abatement, I have yet to see one die from it, even the odd one where the entire stem crossed the boundary survived in some shape or other.

snorebear
Posts: 4
Joined: Thu Dec 22, 2011 10:19 pm
Number of Posts per Page: 6
Number of topics per page: 6

Re: Leylandii law on how near it can be planted to a house

Post by snorebear » Sun Dec 25, 2011 5:28 pm

All comments above very helpful ....our only hope is to protect our property by putting a barrier of some kind to any roots taking hold on our side of the fence.
Personally if I was in my neighbours shoes I would uproot them now while the trees are still young trees and not a problem now he will suffer more than us as they are not even a foot from his living room wall. As far as I am concerned putting up with these trees for me is a high price to pay for peace!

despair
Posts: 16314
Joined: Mon Mar 14, 2005 7:07 am

Re: Leylandii law on how near it can be planted to a house

Post by despair » Sun Dec 25, 2011 11:38 pm

1ft from his living room wall ............what an idiot

Install a really good root barrier fast and continually cut back all foliage to the boundary

do remember to offer back the trimmings

Post Reply