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Subject Topic: Overgrown trees Help Please.
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09/10/2012 at 9:34pm
 Location: Keswick
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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

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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    


09/10/2012 at 9:43pm
 Location: Gloucestershie
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All you need is copper nails then the council wii take down


09/10/2012 at 10:33pm
 Location: Falkirk
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Quote: Originally posted by VangoMan02 on 09/10/2012
Ok so you have a large garden and you will no doubt enjoy sitting out on a sunny day, your trees are well over 25 ft that don't bother your neighbours. great!
Put yourself in my shoes and my neighbours who have been unable to do enjoy those simple pleasures.

I love forestry and large trees but not near someone elses garden.
Unless you experience not being able to enjoy your own outdoor space you can't know how it feels, hence my desperate measures.
You will no doubt be aware large trees are one of the biggest causes of neighbour disputes.

So remember Bad Penny I could give you a quote to trim those trees or should I speak to your neighbours



Vango man you misunderstand me I do honestly sympathise with your plight - I just don't think 2 wrongs make a right tbh :)

I do know how it feels to have neighbours that spoil your enjoyment of your own garden btw, been there bought the t-shirt. That's why we moved !

No You can keep your quote ! (neighbours would tell you where to go too btw ) The trees we have are mixed type the sort that let light filter through the canopy, and they're situated so as the gardens get dappled shade underneath, but we all still have som esun as well. I know I'm lucky with my garden AND my neighbours (I'm not so bad either tbh ;) !!) Leylandi can be a menace I know.


09/10/2012 at 11:13pm
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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
---------------------------------------------------

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.



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It is a wise man who has something to say.
It is a fool who has to say something.


10/10/2012 at 4:30pm
 Location: Keswick
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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
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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.


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.



11/10/2012 at 9:04am
 Location: Milton Keynes
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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



11/10/2012 at 9:19am
 Location: Keswick
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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    


11/10/2012 at 11:29am
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get hold of some copper nails and insert them into base of trunk that will help , if/when they do cut them down ask if you can have the larger logs, offer them on e-bay free or at a small price, Birch burns well on a stove.

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British by birth
English by the grace of God


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11/10/2012 at 11:34am
 Location: Falkirk
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Second one suggesting the copper nails - what a horrible thing to do 17 

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. 

 



11/10/2012 at 1:14pm
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I've still got the chain saw..could come in the night and take a wee bit off the top

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It is a wise man who has something to say.
It is a fool who has to say something.


11/10/2012 at 6:38pm
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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

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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    


11/10/2012 at 7:54pm
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Quote: Originally posted by VangoMan02 on 11/10/2012
I've still got the chain saw..could come in the night and take a wee bit off the top

17  Vangoman !   And way better than the 17 nails !!!  17


11/10/2012 at 9:51pm
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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     

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-x- Diane -x-

May 13 - Cala Gogo, St Cyprien (didn't go, hubby too ill to travel)
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