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Neighbour and tree height query

hello. I’m hoping for some advice; a new neighbour purchased the house directly behind ours and our back garden is on the boundary with their back garden. We have been living here for several years and have our trees at the edge of our garden pruned /lopped. The previous neighbours never had an issue with this and their trees (behind ours) where taller than ours, however the new neighbour left a note at our door asking us to contact them (a week before Christmas) to ask if he could cut the height of our trees as he was getting his done too and would not expect us to pay. We called him and told him that we maintain the height of our trees ourselves with our own Gardner and would continue to do so. 

He came to our door today again asking for my husband to come into his garden next week to ensure that he doesn’t cut the trees to a height we aren’t happy with, but my husband told him that we already pruned them not long ago and were happy with the height. He said he just wanted to reduce the height to our roofline and not to invade our privacy. He insisted he would return next week when he was cutting his trees (which are directly behind ours, but is not our concern really).

Our house is to the front of the road on a hill, which they would be higher up behind us, however we have a much better view of the surrounding area, I suspect this is a factor.  Our neighbours to the left of us have much taller trees in their garden, which I don’t believe they have ever been asked to trim by the neighbours behind. We don’t really want to have to lower the height of our trees any further and have already stated this. Here is a photo of our trees from our bedroom window; 

we don’t really know what else we can say to this neighbour, or what stance we should take. He has not yet moved into the property and is still carrying out renovations but seems determined for our trees to be cut regardless.  Any advice would be appreciated. 
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  • Lizzie27Lizzie27 Posts: 12,494
    He can't cut your trees down at all and would be trespassing on your land if he tried.
    Your trees do not look as though they are taller than his in any event. All he may legally do is to prune any branches of your tree which overhang the boundary into his garden and he must then offer the prunings to you.  DO NOT let this man bully you in agreeing his intemperate demands. Threaten him if you have to with a solicitors letter.
    P.S I am an ex-lawyer.
    North East Somerset - Clay soil over limestone
  • Thank you so much Lizzie 27 for your prompt response. We have been quite stressed about this as we don't want to be 'awkward' or cause offence to a new neighbour but at the same time we've found his approaches inappropriate. We are not comfortable with him coming to our door to keep raising this issue. Its reassuring to know your legal background and opinion on this. Thank you.
  • FireFire Posts: 19,096
    I believe there is nothing in law that states high a neighbour's tree or hedge can be. There is, though, provision for the local authority to arbitrate on the matter, if required.

    I wouldn't take as forceful a strong a route at Lizzie. The people could be your neighbours for a very long time and it's good to be on the best terms possible, for your own peace of mind, as well as theirs. 

    People often get into a panic/over-enthusiasm when the first move in. I have seen it in friends. There is an urge to get on with it and make immediate changes. The neighbour might well calm down when they have moved in and settled down a bit. I would just make it clear  (again) that they are your trees and you are pleased with them as they are. Firm, clear, but friendly.

    It sounds like the neighbour is not yet belligerent. Long may it last. Invite them over for a glass of wine. Show them the garden from your side. Offer moving-in help.

    My friends and neighbours a few streets away have just got into a nasty wrangle with people they have lived next door to for years. All over a two inch gap under a new fence. It has soured things badly and they are not speaking. They feel uncomfortable just being in the garden. Such a shame. And all unnecessary.

  • ObelixxObelixx Posts: 30,090
    I think you should state, firmly and politely, that the trees are on your property and well-maintained and have been like that for years and he has neither your permission nor any right to come and cut them.  Try and stay calm and friendly but be prepared for him not to be reasonable.

    Just in case, take photos of your trees now and when he has his done and keep a note of each of his visits in case he doesn't take a hint and becomes persistent and you need intervention. 
    Vendée - 20kms from Atlantic coast.
    "The price good men (and women) pay for indifference to public affairs is to be ruled by evil men (and women)."
    Plato
  • Dave HumbyDave Humby Posts: 1,145
    I agree with the previous comments. The only additional comment I would make would be the 'high hedges' legislation which was primarily introduced to combat out of control (intentional or otherwise) Leylandi. It covers evergreen hedges which, by definition, is 2 or more trees in a row that are higher than 2m. There is plenty of reading matter on the net on the subject. 

    Council's will only get involved when certain conditions are met and it also involves a fee of c£600 (depending on which council is involved) from the complainant which of course is prohibitive to many people. 
  • FireFire Posts: 19,096
    The 'high hedges' legislation only says that councils can arbitrate. It doesn't say that hedges over 2m are illegal.
  • Hi fire. A dispute is exactly what we are trying to avoid at all costs, hence the reason we contemplated letting him from our trees a bit, even though we don't really want to as we think they aren't unruly as they are. Its a hard call to know how far to go to please a neighbour whilst not disadvantaging ourselves. I think its just his persistance with this matter that males it worse as we already told him that we look after our own trees. Not sure why he just wont accept that. Thanks for your response.
  • Dave HumbyDave Humby Posts: 1,145
    Fire said:
    The 'high hedges' legislation only says that councils can arbitrate. It doesn't say that hedges over 2m are illegal.
    I didn't say it did. I said they won't get involved unless all conditions are met, one of which is the 2m reference point. 
  • FireFire Posts: 19,096
    edited June 2018
    Sure. There have been ideas floating around on the forum that hedges over 2m are 'illegal'. I'm not suggesting that you're were saying otherwise.
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