Gransnet forums

Legal, pensions and money

Trees

(37 Posts)
llizzie2 Tue 10-Sept-24 02:07:57

I have a neighbour who planted trees near my property. They drop dirt and leaves into the gas boiler flue which was on the flat roof of the disabled living extension before the trees were planted.

I have been told by the police that I have the legal right to cut the trees back to the boundary, and if I choose not to exercise that right, it is my own fault if my gas flue gets blocked. I wrote to my house insurers last week and so far have only received an auto reply.

When the police rang last month and told me that, I said the neighbour has cut off access so I cannot cut the trees back to the boundary. The branches are spreading across my flat roof and are almost at the apex of my main house roof. The ones with branches spreading over my wheelchair ramp I could cut back to a certain extent if I have £500, but the trunk is so close I would have to have them cut the trunk (it is supposed to be illegal anyway to plant over a drain and 12" from a house wall) the police said I cannot lower the height, so I cannot cut the branches spreading over my ramp. They are also very high.

The trees spreading over the flat roof are higher than the house. It would cost thousands to cut those branches, but it cannot be done from my property because the neighbour has taken up my fence and put wood planks to obstruct my access. The police refuse to comment on that.

I shall be 84 at Christmas and have been disabled since I was 46 in 1987, 9 years before they bought that house.

Has anyone else had this problem? I know I have the legal right to cut the trees back to the boundary. Not only do they block my gas flue, but they rub against the roof and guttering.

They are the reason why I have been refused equity release.

NotSpaghetti Wed 11-Sept-24 16:22:58

Sadly I think you will have to cut this back to the boundary at your cost.
If they are planted in a row (forming a hedge) the hedge laws will come into force - and then you can go via the council regarding the height.

The good news is that cutting this sort of tree back will only need to be done once as no they make no new growth where you cut them.

Oldnproud Wed 11-Sept-24 19:47:57

What sort of trees are those? In the photos they look like evergreens, possibly even leylandii, though they don't have leaves as such.

But if they were leylandii, things might be easier to resolve, as I think that keeping them below a certain height can be enforced by law.

Aldom Wed 11-Sept-24 23:14:41

OldandProud the trees are leylandii, see OP's post at 2.26pm on first page.

sharon103 Thu 12-Sept-24 00:20:38

Here's a link to the GOV.UK site regarding complaints and info and the rules of what you and the council can and can't do.

The council can reject your complaint if they think you haven’t taken all reasonable steps to try to settle your dispute without involving them.
In other words you will have to speak to your neighbours about the problems with the overgrowth and the danger of the branches obstructing the flue and guttering.
Have a read and hope this will be of some help to you.

www.gov.uk/government/publications/high-hedges-complaining-to-the-council/high-hedges-complaining-to-the-council#what-you-can-complain-about

Oldnproud Thu 12-Sept-24 09:23:20

Aldom

OldandProud the trees are leylandii, see OP's post at 2.26pm on first page.

My skim reading is worse than I thought - I had 'read' all the posts before I commented, then had to read that particular one again several times before I could find the mention of leylandii. blush

Aldom Thu 12-Sept-24 09:38:13

Onp I agree, it's quite difficult to spot the word leylandii in the post isn't it. grin

mabon1 Tue 17-Sept-24 19:20:04

Of course you can cut the tree to the boundary.it's legal as long as you hand the branches back to your neighbour.

David49 Wed 18-Sept-24 07:34:00

I would try to get an agreement with a neighbour but if he was belligerent, the tree would mysteriously die, due to dry weather of course. Trees close to a house will damage drains and foundations and need to be removed.

Caleo Wed 18-Sept-24 11:04:17

The tree looks like a leylandii .These have shallow roots so not a big worry about damage from roots.

Can you pay an experienced tree surgeon to climb on the extension roof and cut the overhanging branches? True, he won't be able to climb the tree to lower its overall height. However there may be a device to protect the gas flue against falling foliage.

If you built the fence they should not have replaced it without your permission.

Caleo Wed 18-Sept-24 11:11:59

If the trees are a hedge ( 18 inches apart)they must be no more than 12 feet high

NotSpaghetti Wed 18-Sept-24 13:27:02

mabon1

Of course you can cut the tree to the boundary.it's legal as long as you hand the branches back to your neighbour.

You don't hand them back. This is what lots of people think but it is wrong.
You have to ask if they want them back.
It is your responsibility to dispose of them otherwise.