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Remus2004
Remus2004, Barrister
Category: Property Law
Satisfied Customers: 70011
Experience:  Over 5 years in practice.
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A neighbour has planted a line of conifers adjacent to our

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A neighbour has planted a line of conifers adjacent to our rear fence. He trims his side of the trees but expects me to trim on my side. The first year he did both sides but since then has refused to pay despite being approached civilly by me. The conifers are 10' - 12' in height and thus well over the recommended height of 8' (?) and do block out some light to our conservatory. I would prefer if the height was reduced to the recommended height and for him to be responsible for trimming both sides. I feel it was his choice to set this line of trees and therefore he should pay for their maintenance. What are my rights (if any) please. John Nuttall
Submitted: 2 years ago.
Category: Property Law
Expert:  Remus2004 replied 2 years ago.
Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

How much will trimming the trees cost?
Customer: replied 2 years ago.

Say £50 to trim to reduce to 8' saY £250


 

Expert:  Remus2004 replied 2 years ago.
Sorry?

So £250 in total?
Customer: replied 2 years ago.

Yes


 

Expert:  Remus2004 replied 2 years ago.
If you take the neighbour to court to make him trim the trees on your side (which you are entitled to do) it could cost several thousand pounds in litigation and it is going to be cheaper to trim the trees and Sue him in the Small Claims Court for the cost of doing so.

Your claim against him for the overhanging trees is in trespass.

With regard to the height of the tree the reduction in the light is only actionable if it reduces the light into a room by more than 50%. That is most unlikely.
If the trees are a nuisance however (that would be decided by the local authority) you can ask the local authority to bring action against the neighbour and he can be made to cut them down (at his own cost) to a height of 2 m provided they are evergreen.

The local authority want a fee to start the process which is just over £300.

Here are some links from various local authorities which explain.

http://www.richmond.gov.uk/home/environment/planning/high_hedges/high_hedges_frequently_asked_questions.htm

http://www.tameside.gov.uk/planning/highhedges

And here it is from a garden or website

http://www.gardenlaw.co.uk/trees.html

The process is the same throughout the country.

Can I clarify anything for you?

Jo
Remus2004, Barrister
Category: Property Law
Satisfied Customers: 70011
Experience: Over 5 years in practice.
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