We’ve lived in our house 15 years. When we moved there was a tree next door on a piece of land that belongs to a local property developer. That tree has grown to the extent that it now takes 50% of our light and aspect. At the start of the summer we politely asked if we could reduce the height of the tree. He asked us to apply to the council, who approved cutting it back, and asked that we use his own tree surgeon to do it (which is fine by us). We agreed we’d cover all costs.

He’s just come back and said, actually no, you can’t cut the tree back. No reason. He lives in another part of town. It has no impact on him. It affects nobody else. I’m not saying cut it down, just cut it back so that we get some more light.

So first question- a sense check- this feels a bit unreasonable- or am I wrong?

Second question. Are there other tactics we can use? The trees overhang our house and make our pathways dangerous. They are undermining a supporting wall that is linked to our house. Some of the trees overlap a road.

Any thoughts?

I would re-apply to have it removed and then go from there.

Any branches overhanging your property can be legally cut back and thrown over the fence – just do it.

IIRC you can cut off any bits over hanging your garden as long as you offer to return them to the owner.

I am not a tree surgeon or in any way qualified to comment on this but…I think you may also be allowed to cut back roots in line with the boundary (providing you return them to the tree owner).

.I think you may also be allowed to cut back roots in line with the boundary (providing you return them to the tree owner).

If you destabilise the tree by cutting back it’s roots on one side and it then falls over in the wind and does damage, you’ll be looking at a rather large insurance claim…

Easier to get forgiveness than permission. Got a saw?

I’ve half a memory that there’s some sort of legalese around a right to light if there’s something blocking your windows, it may well be his responsibility legally to sort it out at no cost to you. IANAtree.

Thanks all.

This Bedfordshire thing is a really good summary of it all and reflects what you’ve all said, and irrespective of what feels right, and a “right to light” I’m not sure there’s much there.

http://www.centralbedfordshire.gov.uk/planning/trees-and-landscaping/guidance.aspx

What duty does the landowner have to maintain a retaining wall? In theory, each retaining wall up the side of a valley is interdependent. This on is at the bottom, and as the tree roots destroy it, it could have an impact on all the houses up the side of the valley.

I love trees. But this is about a massive tree on a tiny bit of land that its just too big for. And that its starting to impact on light, retaining walls etc.

Would he notice if you went ahead and trimmed anyway?

I can’t even believe you’d bother discussing it……

I ending up moving house because of next doors trees (well they weren’t the only reason but a decent factor) …. it was compliciated why we didn’t cut them back … but basically I was far too nice.

It wasnt until we got into the new house that we realised how much they had effected us.

I say this whole heartedly ….. Please … do yourself a favour and get it cut back.

It will make a world of difference to you and yours

No way I’d ever put up with others massive trees again.

Do it

sort of legalese around a right to light if there’s something blocking your windows

Nope, there is no right to light in the UK.

Nope, there is no right to light in the UK.

Might be worth letting the government and the law commission know: https://www.gov.uk/government/publications/rights-to-light Its actually been part of English law for a very long time although doesn’t necessarily give you a ‘right to light’

Quoting from the introduction of that document:

Generally, people and buildings do not have a right to light.

a tree next door a piece of land that belongs to a local property developer.

Maybe he’s hoping to get your property on the cheap due to tree and then combine it with his land to build several houses / block of flats on.

That developer clearly has an agenda. I’d hack any parts of the thing overhanging my property to bits and chuck the spoil onto his land.

a tree next door a piece of land that belongs to a local property developer

Or maybe one day it will have grown large enough that he can hollow it out and kit it out as some fantasy hobbit house and sell it on for a massive profit.

Poison it on the sly, and then when it’s dead and unsafe, get him to cut it down.

APF

Nuke it with bombers… Err wee on it from orbit! Own it with your slippers! Or something.

Either way, don’t put up with it, just get it chopped, one way or another. It’s funny how trees just die off sometimes…

I’ve heard that copper nails hammered into routes kill trees.

What would happen if it happened to catch fire on bonfire night due to a ‘stray’ firework?

Just a heads up, if you are thinking of cutting down or sabotaging the tree.

Trees can be very expensive to replace, if the courts decide on like for like 😉

I know someone who ended up with a £7k bill to replace a single tree!

Concentrated glyophosphate spray will work wonders for making the leaves fall off prematurely… Fill up a super soaker and get to work

The thing is, you don’t tell ’em it was you. Cunning eh?

APF

battery drill with a 10mm bit – bore as deep into trunk at a downward angle

fill hole with syringe full of neat glycophospate

cover hole with some mud/bark

job done

sometime next year – I think you’d better see to that dead tree before it falls onto my property and I claim against you

Is it a good tree? Might sound daft but, a good tree is hard to find, I’d have little guilt about murdering some crappy weed…

Leave the tree alone. It was there when you moved in, it’s part of the neighbourhood, and if you didn’t like it you didn’t have to move in.

[Obviously I’ve not seen this particular tree, and there might be special circumstances, but that’s my general opinion.]

Anything over hanging your boundary, cut it off and fling it back over.
You are responsible for any works you carry out that affect the trees health, torn limbs, cut roots etc.