Topic: Good old Leylandii again!

[tim]

I can't locate the legal discussion that we had some while ago.

I suppose it had to happen. 46 years with 2 Leylandii hedges & several 'specimens' - & no neighbour problem.

New houses adjoining our garden - new buyer - says our trees have grown since he bought this year (!) - wants them cut. 

Please remind me of the legal position??

[Deb P]

This site has a good straightforward guide Tim...

http://freespace.virgin.net/clare.h/JHdgAEasyGuide.htm

[Hyacinth]

Well, that link that Deb provided is pretty clear, Tim :-\ I know that you've had your own probs with a neighbour's trees casting your glasshouse in deep shadow, so praps the way to go is to find out exactly how yr trees are affecting their enjoyment of their garden & come to some amicable arrangement for reduction if that's necessary? I note, tho, that drastic reduction, if it would kill the trees, would be considered 'removal' - and therefore not covered by the legislation?

Whatever, good luck and best wishes for an agreement which will satisfy you both.

xx

[tim]

Good stuff - thanks.

The other neighbour, whose trees shade our greenhouse, employs the same gardener as we do. He did a useful bit of pruning of the offending tree for us!!

Trouble is, we enjoy trees.

PS Read it. Can't see the answer to one point - that chap can buy house knowing the problem & then ask for action??

[Deb P]

That is a good point Tim, if your new neighbour thinks the hedges have grown (huh? what did he think they were going to do!) significantly since he took over his property, I would only offer to trim them back to what they were! This law does NOT apply to specimen trees, or evergreens with 'significant gaps' in, only hedges over 2m tall. If he purchased the property knowing the hedge was already that high, I guess he will have a hard time proving it spoils his enjoyment of the property, unless he argues he didn't realise it would impact so much until he moved in......

Our long term next door neighbours property is currently up for sale, and we have already had one near miss; a sale fell through because the prospective purchaser came and asked me if I would be prepared to grub up the 300 year old (at least) mixed hedgerow on the left side of our boundary (our responsibility) and put a panelled fence in its place because he has a small dog and wanted to buy a house with panelled fencing all the way round...er no actually! He went as far as checking who owned each boundary, and was disputing the other side neighbours boundary line too.......we breathed a sigh of relief when he withdrew his offer!

[tim]

Next question - what is a specimen tree!!

Maybe this will help - his house is the lower roof in the middle. I reckon that there is only 30-40' between them & his house. No complaints - yet - from the left hand chap. The right hand roof is a garage.

It is clear - to me - that there has been no substantial top growth in the last year.

[Deb P]

I would say that they all look like specimen trees Tim, i.e individuals of differing varieties and heights not grown together and trimmed as a single entity. Therefore not applicable under the hedge law! They are trees!

I will have another look and see if I can get any info to clarify...

[Deb P]

I've copied bits from the actual govt. document Tim; it looks very open to interpretation to me! There is no specific guideline on what constitutes a reasonable 'gap' between trees, just that there are more than two of them and they are evergreen. If your neighbour wants to try his luck it will cost him to do so....up to £500 in some Councils! Plus he would have to prove how it prevents his enjoyment of his garden, difficult if he has not long moved in and your trees were already there...... ???

About the hedge
• Is it growing on land owned by
someone else?
• Is the hedge – or the portion
that is causing problems – made
up of a line of 2 or more trees
or shrubs?
• Is it mostly evergreen or
semi-evergreen?
• Is it more than 2 metres tall?
• Even though there might be
gaps in the foliage or between
the trees or shrubs, is the hedge
still capable of obstructing light
or views?


5. The hedge has got some gaps
in it that allow light through. Does
this mean that I can’t complain
to the Council about it?

Not necessarily. It depends on
the extent of the gaps.
This may not be easy to judge.
There are no rules that say if the
trees or shrubs are more than a
set distance apart, then you can't
complain. But, where individual
trees or shrubs are so widely
spaced that you can see what
lies behind them, then it might
not meet the criteria for making
a complaint.

[tim]

Thanks again.

As you say, open to interpretation. We certainly cut out his light from the East & there are virtually no gaps.

So we hang on the specimen bit, why did he buy the house, & how much cutting would kill the trees?

Watch this space!!

[tim]

Right - the law IS an ass!! Spoke with the CDC.

Despite the fact that the new owner bought with the status quo, he is within his rights to complain.

I will not print my reaction!!

[valmarg]

Ours is the other end of the leylandii story.  We planted a hedge on one border about 30+ years ago.  We were both working, and hadn't a lot of time so it just grew.  We did have the top taken out once, but it carried on growing.  In the end it must have been nearly 40' high, so we decided to have it grubbed out and a fence put up in its place.

I couldn't believe it when the biddy next door told me off for not asking their permission for us to remove our hedge!!  It was on a south facing boundary so their garden must have been in total shade for most of the year.  Apparently they had lost their privacy. We thought we were doing them a favour!!

valmarg

[tim]

Love it. I'm copying that to use in evidence - without your name, of course!!

[Deb P]

Your neighbour may be within his rights to complain, but he will still have to prove he has made every effort to negotiate with you first, AND it will cost him to apply for a council hearing under the act.......

[tim]

Indeed - it might cost him £500. But he's the CEO of a double glazing firm &, presumably, not short of what it takes?

And, of course, WE will be in the forefront of diplomacy. Good Service training?

Keep watching!!

[valmarg]

Just a thought, can't you get a preservation order on them as they are specimen trees, rather than a hedge.

valmarg

[tim]

Sorry - missed that.

No - according to all the rules, they don't have enough gaps between them.

Oh, well!!

[thewoodle]

That sucks. You think your little bit of land is yours... good luck with it!

[valmarg]

No - according to all the rules, they don't have enough gaps between them.

Can't you do a bit of judicious pruning, so that they are not quite so close together, without spoiling the overall look?

valmarg

[ipt8]

Hi, I am thinking around the problem here.

You have some small by tree standards specimen conifers. You are a tree lover. Your neighbour dislikes them. I think that is correct.
 
You have specimen trees, you do not have a hedge.  You planted them as specimens, I know as I can see they are all different, and were not bought as cheap hedging plants.

I suggest you  contact your local Arboricultural (tree) Officer at the council and ask for some help.

You already love trees, make sure you know a bit about your trees to enthuse the tree officer that you are a fellow tree lover. Tell him about your dog or cat that was burried under one of them, and how one was a special gift that has personal memories for you.

Make a note of all the birds that have nested in them, and the flock of great tits that use them on their flight down the gardens. You get the idea. You have toads in the litter beneath them.

Ask that a tree preservation order be put on the trees. The council do it. You do not have to pay.  Think about it first though. This will make it illegal to fell them, or do any major work on them without permission. It could be a problem for you in the future having to get permission to work on them.

Its a shame they do not have bats in them then it would already be illegal to disturb them.

Hope that gives you some ideas of a way using the law to help you. I do not know how easy it is to pursuade a tree officer to do a preservation order but its at least worth a try. Just remember to be polite and friendly. I guess you will have to tell him about the neighbour as it usually pays to be honest.

As a Forester I like your group of specimen conifers, reminds me of Bedgebury Pinetum, a wonderfull place to visit if you like conifers.

[tim]

What a great read!!

I'm awaiting - & awaiting - the visit of a tree person. At least I now know that we have time to think. And we are on speaking terms.