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Topic: Overgrown trees Help Please.
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09/10/2012 at 9:34pm
Location: Keswick Outfit: Bailey
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You could try arguing that the Anti Social Behaviour Act applies and which imposes a duty on your local Authority to adjudicate in neighbour disputes over high hedges. The Act specifies that an occupier of land has grounds for complaint if a hedge is so tall that it detracts from the enjoyment of his/her own home or garden. Try telling the Council that and that therefore it should take action to remedy the nuisance
The Act defines a high hedge as one that is more than 2 metres tall and comprises of up to 2 or more trees or shrubs · The hedge is capable of obstructing light or views.
From what you have said the trees form a hedge. Don't argue that the view is obstructed as no one has a right to a view. You have to argue that the trees form a hedge and that they detract from the enjoyment of your home or garden. Shade - can't plant anything - can't enjoy the sunshine (assuming that your garden faces south) etc etc
Phil
------------- If you're not on a fell your wasting your feet and for 2014 it's.......Feb Castleton Mar North Yors Moors; Apr Sutton on Sea; May Thirsk; Jun Clapham/Riverside (Lakes); July Wharfedale; August Crakehall; Sept Knaresborough; Oct Wirral Park/Clitheroe
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09/10/2012 at 9:43pm
Location: Gloucestershie Outfit: Fiat Ducato campervan
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All you need is copper nails then the council wii take down
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09/10/2012 at 11:13pm
Location: Outfit:
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Quote: Originally posted by cwdc56768 on 09/10/2012
You could try arguing that the Anti Social Behaviour Act applies and which imposes a duty on your local Authority to adjudicate in neighbour disputes over high hedges. The Act specifies that an occupier of land has grounds for complaint if a hedge is so tall that it detracts from the enjoyment of his/her own home or garden. Try telling the Council that and that therefore it should take action to remedy the nuisance
The Act defines a high hedge as one that is more than 2 metres tall and comprises of up to 2 or more trees or shrubs · The hedge is capable of obstructing light or views.
From what you have said the trees form a hedge. Don't argue that the view is obstructed as no one has a right to a view. You have to argue that the trees form a hedge and that they detract from the enjoyment of your home or garden. Shade - can't plant anything - can't enjoy the sunshine (assuming that your garden faces south) etc etc
Phil
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Hi Phil..You have explained it better that I have..the trees, all 12 of them in a line do indeed form a hedge with no gaps, not even a chink of daylight. The garden does face south.
As you say I can grow nothing, I even had to remove my lawn as it never saw much daylight and got waterlogged with little chance of drying out, it turned into a bog.
My garden is wide but not long if you know what I mean, so the full width of the garden has these trees.
We have been in this house for 20 years and the first 15 yrs were fine as the previous owner and I took turns in keeping it trimmed to an agreed height.
He sold up 5 yrs ago and now my garden is red chips and patio.
------------- It is a wise man who has something to say.
It is a fool who has to say something.
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10/10/2012 at 4:30pm
Location: Keswick Outfit: Bailey
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Contact your local Councillor and ask him to come along to see the problem. Then ask him to have a word with the chap you spoke to in the first place about the Council dealing with their anti social behaviour.
The Council can fell such offending trees in the circumstances that you have described. If they belong to the Council then it has no right to ignore its legal obligations. (not sure if they do belong to the Council.)
If you do throw this argument at them let us know what they say
Phil
------------- If you're not on a fell your wasting your feet and for 2014 it's.......Feb Castleton Mar North Yors Moors; Apr Sutton on Sea; May Thirsk; Jun Clapham/Riverside (Lakes); July Wharfedale; August Crakehall; Sept Knaresborough; Oct Wirral Park/Clitheroe
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10/10/2012 at 5:30pm
Location: Outfit:
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Its all private houses and the trees were apparently planted by the first owner of the house around 40 yrs ago.
The issue will probably happen again as the trees grow but we have been thinking about selling partly due to lack of sun and daylight and kids have flown the nest so downsizing makes sense. This issue has sort of prompted us to do it sooner than planned.
A larger back garden and possibly looking out to fields with no trees at the bottom of the garden..ahhh heaven..
------------- It is a wise man who has something to say.
It is a fool who has to say something.
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11/10/2012 at 8:44am
Location: somerset Outfit: Bailey Ranger 550 6 Galxy Ghia TDI 130
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Update: I spoke to 'John' at he council and he assures me they are sympathetic to the problem and he will come and survey the trees next week. I guess you could say the dense foliage does constitute a hedge but I will just have to wait and see what he says. Thanks for the advice so far guys I won't let this drop and will keep you posted.
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11/10/2012 at 9:04am
Location: Milton Keynes Outfit: Bailey Alliance 66-2 Motorhome
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We have a tree opposite us on some public space. It was getting very overgrown and passing delivery vans were knocking branches off. I wrote to the Council and they came out and look but it was a fairly long time before they actually came and trimmed it, or rather got a specialist firm to do it. In this case I think they were waiting for the leaves to fall so they could get at it. So don't give up but likewise keep at them!
David
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11/10/2012 at 9:19am
Location: Keswick Outfit: Bailey
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Dealing with this in the manner I have suggested means that the Council is entitled to charge a fee for investigating and making contact with the owner of the trees.
Phil
------------- If you're not on a fell your wasting your feet and for 2014 it's.......Feb Castleton Mar North Yors Moors; Apr Sutton on Sea; May Thirsk; Jun Clapham/Riverside (Lakes); July Wharfedale; August Crakehall; Sept Knaresborough; Oct Wirral Park/Clitheroe
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11/10/2012 at 11:34am
Location: Falkirk Outfit: Quechua Base Seconds
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Second one suggesting the copper nails - what a horrible thing to do The's way too many trees been removed in Britain already, we should be trying to protect the ones we have left. The trees could be topped, a little perseverance in getting the council to do that is surely a better solution to the OP's problem than killing the trees.
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11/10/2012 at 6:38pm
Location: Keswick Outfit: Bailey
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Obvious thing to say...but don't put yourself inthe wrong by taking such action as has been suggested e.g nails in the tree
Phil
------------- If you're not on a fell your wasting your feet and for 2014 it's.......Feb Castleton Mar North Yors Moors; Apr Sutton on Sea; May Thirsk; Jun Clapham/Riverside (Lakes); July Wharfedale; August Crakehall; Sept Knaresborough; Oct Wirral Park/Clitheroe
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11/10/2012 at 9:51pm
Location: North Yorkshire Outfit: Sterling Europa 460 NT
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saw this article the other day, http://www.independent.ie/and-finally/overgrown-garden-owner-fined-600-3255368.html
can't seem to do a proper linky thing now I'm using firefox mmmmh
------------- -x- Diane -x-
May 13 - Cala Gogo, St Cyprien (didn't go, hubby too ill to travel)
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