Conifer Trees

Conifer Trees

Postby shareindex » Sun Aug 18, 2013 11:09 am

Sorry, yet another Evergreen issue that I hope you wouldn't mind addressing.

My local council wants something like £350 (non refundable) to visit and confirm that my neighbours 3 conifer trees that is used as part of her hedge row is taller than the mandatory 2mtr height that is allowed.
The trees are approximately 20ft tall and block a reasonable amount of light from my garden.The trees are planted against the fence and branches are leaning some 7 foot over my side of the fence, and as my garden is much lower than my neighbours the trees appear much taller. (From my garden, the trees appear some 35ft tall.
My neighbour will not reduce the height because she wants them to block her view of other properties (including mine). A local tree surgeon will cut back all the over hanging branches to the boundary fence and take them away for shredding which is included in the cost.

My point is that I don't want the branches being dragged over my nice garden to the shredding machine.
So, is my neighbour obliged to have the branches returned to her?
Or can she refuse to accept them?

The other thing is, some of the over hanging branches are quite thick and if the tree surgeon just cuts back to the fence, ugly thick arms of the branches will remain sticking out, but I suppose I will have to live with that or cut them off at the tree stump and leave my self open to trespass.

Well that's it. What I need is helpful confirmation that I can insist that the over hanging branches are returned to my neighbours side of the fence for her to dispose of herself.

Thanks for looking.
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Re: Conifer Trees

Postby COGGY » Sun Aug 18, 2013 11:17 am

You can offer the cut part to the neighbour but cannot insist that she accepts it. If the conifers are ugly when cut back would it be possible to grow a climber up it, say a clematis which would hide the ugly part?
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Re: Conifer Trees

Postby Janieb » Sun Aug 18, 2013 12:42 pm

2 metres is for fences not hedges.
"I prefer rogues to imbeciles, because they sometimes take a rest" Alexandre Dumas (fils)
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Re: Conifer Trees

Postby despair » Sun Aug 18, 2013 1:29 pm

In the OPs shoes I would be very tempted to follow through the full procedure to get the High Hedge Law implemented

This means the correct letters must be sent first and mediation offered
( )
That alone may make your neighbour realise you are serious

The only drawback is the council can only order a 1/3 reduction in height and ongoing maintenance but if the height was reduced effectively to 22 ft it would be better than 35ft

Without doubt removing branches back to stumps will look very ugly indeed and whilst ivy would grow up and cover them it takes time

Treeman insists that he simply returns the branches to the neighbour irrespective and that its total correct

If I was the OP I would have made one last attempt to get the neighbour to be reasonable and realise that if they refuse to co operate the Council could force her to reduce the height and that if the OP exercises their legal right to abate all of the trespass of the trees the arisings will be returned anyway
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Re: Conifer Trees

Postby COGGY » Sun Aug 18, 2013 2:31 pm

The RHS web site gives a height of 2 metres for a high hedge although I don't think it means that any hedge over that must be cut.
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Re: Conifer Trees

Postby syl2 » Fri Aug 30, 2013 10:35 pm

You can put something on your side (fence, wall, person) such that the branches are forced to bend back into her property. If you do this 1cm onto your side, you can then cut it as it comes over the boundary and the branch will fall onto her side. Job done. Perfectly legal.
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