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Remus2004
Remus2004, Barrister
Category: Property Law
Satisfied Customers: 70516
Experience:  Over 5 years in practice.
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My neighbours are currently (and I mean this moment!) planting

Resolved Question:

My neighbours are currently (and I mean this moment!) planting 12 leylandi trees around our boundary fence because they have fallen out with me over decking I built to maximise my beautiful view (for which planning permission has been granted). These trees are all approx 3 - 4metres in height. That is issue one.
Issue two, we have our own well water here in north devon so these trees will take an awful lot of our water supply to establish them. One well supplies the three cottages. Do we have any rights to stop these second home owners from london making our lives hell?. We have been in touch with our local council who said they could do nothing!
He is a solicitor!!!!!
Submitted: 3 years ago.
Category: Property Law
Expert:  Remus2004 replied 3 years ago.
Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

I presume they are planting within their own boundary areas?
Customer: replied 3 years ago.

Yes, entirely

Expert:  Remus2004 replied 3 years ago.
Thanks.

I'm afraid its bad news. The solicitor is right.

Obviously they are reacting childishly but they are not acting unlawfully. If the trees are on their side of the boundary fence they are free to plant them as they choose.

If this is a Leylandi then I presume its a native evergreen? If so, you can complain to the Council if they are 'unreasonably restricting' light as they are over 2m tall. However, it would be irresponsible of me to tell that is a particular effective way of enforcement. The light restriction has to be substantial and anyway all they will do is tell them to trim it.

If your issue is that it destroys your view then I'm afraid you do not have a general right to a view in law.

I'm sorry this isn't the answer you wanted but it is the position that you face and I have a duty to inform you truthfully.

Hope this helps. Please let me know if you need more information.

Jo
Customer: replied 3 years ago.

As stated in my origional question, we have our own well water and this will be used to establish these trees. Do we have any rights to protect our water supply, or do we have to wait until the water (or lack of it) is affecting us adversely?

Expert:  Remus2004 replied 3 years ago.
I'm not sure why that would make any difference here?

If the water well supplies their property too then they are perfectly entitled to use it I'm afraid.
Customer: replied 3 years ago.

It is potentially extremely serious! if they use all our well water to keep these trees alive . It is a 'slow feed' well, so therefore takes time to replenish the water taken out, especially this time of year. Surely there is some legal redress if they, in serving their own purposes, take all our shared water?

Expert:  Remus2004 replied 3 years ago.
Oh yes, I see that. But that hasn't happened here.

The trees will only take surface water anyway. They are not going to drain a deep well I'm afraid.

The only option that you do have is to get an expert opinion to the effect that the trees are going to impact upon your water supply. If that is favourable then you could sue in common law nuisance because he has done it deliberately.

You could also sue in harassment if he has put them there to annoy you.

Both of these claims are possible but they are very difficult to bring because they will say that you are being over sensitive and that they are just quietly enjoying their property.
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