Thanks for the replies. Risky to jump the fence and 'trim' when they are away since apart from anything else, trespass comes to mind!
Yes, they were thee when we bought, but he did agree to us paying for them to have around 4-5 meter taken off the top, since he was not going to pay or even contribute. This time, he has said he would not pay as he does not want to do anything, so any 'trimming' would be at my expense.
But as he will only agree to around 1 -2 meters, I will not pay for that as the rate of growth is such that they will regrow in a couple of years.
Additionally, the tree guy said that he cannot trim that little, since the new growth is too flexible for him to safely be up there. He could trim to above the last time, where is would be safe to climb, and that would be the 4-5 meters that I would like.
So we are left with the mediator route which would mean that I say 5 and he says 1 and never the twain shall meet. Followed by the council with the £500 cost and it could go either way!
He can afford it, he is just a difficult man. I suspect that he was either a bully at school, or alternatively, was bullied and now that he is a fully fledged adult, and quite tall (which is a bit intimidating!) he make sure that he will not have anyone telling him what to do (unless it is his boss.)
I really feel for you - some people like having their little bit of power and that makes it very difficult for any negiotating.
If he agreed to 4 or 5 metres off the top initially, could you say to him that, in order for the height to be correctly maintained, it's necessary to remove the growth each year, and that's what the tree surgeon will do? Perhaps he (tree man) would give you a bit of back up and say it's necessary for the prolonged health of the hedge or some such b******s.
Of course - his chainsaw may also slip a little....
It's a place where beautiful isn't enough of a word....
I live in west central Scotland - not where that photo is...
When you buy propity look at the garden if. There's a little ash tree next door, it one day will be a big ash tree, in your case fir trees I'm sure the council will not get involved if it private property I would say the because of the age of the trees they can go on up, you can side them up if they are growing over your boundaries.
Take care if you are planning to sell your property as now you have to declare if you have had any dispute with a neighbour. Sadly it sounds as though there is not much you can do. Live with them; or have a row.
When you buy propity look at the garden if. There's a little ash tree next door, it one day will be a big ash tree, in your case fir trees I'm sure the council will not get involved if it private property I would say the because of the age of the trees they can go on up, you can side them up if they are growing over your boundaries.
I would have a go at doing it myself but there are a few things against that idea. The first is SHMBO; it would be a no-go area (nudge, nudge, wink, wink, know wot I mean guv?) Then there is the fact that they are around 12-13 meter tall with a lot of deadwood inside to negotiate before one gets to the point of cutting. I am reluctantly happy to pay and expert.
Had a pow-wow with the neighbour and the tree guy last Saturday and the neighbour really does not want anything cut. He would reluctantly agree to around 1m, even though I would be paying. The thing is, it would benefit us both; I would have more light in the morning and he in the afternoon.
The tree guy agrees with me that 1m is a waste of time and would probably stimulate growth. Additionally, because of where the trees where last cut, there is a solid stump at around 8m from which he can work safely. Any higher and he could not do it (or so he says.) The neighbour then stated that the last time we paid to have them trimmed (when we bought the property 10 years ago) he thought too much was removed and that the trees looked like they were going to die. What a load of b.s! The only way to kill a leylandii is chop it at the base.
So we are pretty much at a stalemate. The next stage for me, should I wish to pursue the issue, is to go to mediation. If they agree with me, then I can approach the local council who will charge me £500 (+VAT of course) to decide who is right. Since the trees have been there before we bought (albeit not so high) and since the house is a new build, as is the garden, I gather the 'right to light' issue can side with the established trees, in which case, I may be gambling £500 down the drain. And if I were to win and the neighbour is forced to cut to a reasonable height, I could only recover my £500 via the County Court and even that may be a hiding to nothing. Then in five year time, they would need trimming again.
As for cutting back to my boundary, that is almost a no-go as that would leave us with a 'wall' of deadwood to look at. My only hope is for another big storm and rather than provide the 'wind protedction' that he sites, they would act like a sail and all blow over!
He is now officially near the bottom of my Christmas card list!
Game's a bogey then. What a shame. Impossible to reason with unreasonable people.
Even if you hacked them back so that you could plant something more attractive to look at, the ground will be so dry and depleted that it would be pretty difficult to achieve anything attractive.
It's a place where beautiful isn't enough of a word....
I live in west central Scotland - not where that photo is...
Trespass would be the least of your worries. Do what Verdun claims he did years ago and you would probably find yourself in court charged with criminal damage. In one of the other posts you mentioned your neighbour agreeing to 1 metre. You could always 'misunderstand' and take it down to 1 metre rather than taking 1 metre off. "Whoops, I misunderstood" Just joking but I can imagine it being tempting.
It's a pain Rex and I share it although I was fortunate enough to get a resolution.
The legislation that is in place is not easily workable as you are finding out. It's the last resort and means the relationship with your neighbour will have broken down and, as mentioned, you most likely have to declare this 'dispute' should you wish to move in the future. Plus you have the not-insignificant fee to pay to the local authority just to even review the case. I'm sure this is not how the Government intended the legislation to work.
Posts
To All,
Thanks for the replies. Risky to jump the fence and 'trim' when they are away since apart from anything else, trespass comes to mind!
Yes, they were thee when we bought, but he did agree to us paying for them to have around 4-5 meter taken off the top, since he was not going to pay or even contribute. This time, he has said he would not pay as he does not want to do anything, so any 'trimming' would be at my expense.
But as he will only agree to around 1 -2 meters, I will not pay for that as the rate of growth is such that they will regrow in a couple of years.
Additionally, the tree guy said that he cannot trim that little, since the new growth is too flexible for him to safely be up there. He could trim to above the last time, where is would be safe to climb, and that would be the 4-5 meters that I would like.
So we are left with the mediator route which would mean that I say 5 and he says 1 and never the twain shall meet. Followed by the council with the £500 cost and it could go either way!
He can afford it, he is just a difficult man. I suspect that he was either a bully at school, or alternatively, was bullied and now that he is a fully fledged adult, and quite tall (which is a bit intimidating!) he make sure that he will not have anyone telling him what to do (unless it is his boss.)
I really feel for you - some people like having their little bit of power and that makes it very difficult for any negiotating.
If he agreed to 4 or 5 metres off the top initially, could you say to him that, in order for the height to be correctly maintained, it's necessary to remove the growth each year, and that's what the tree surgeon will do? Perhaps he (tree man) would give you a bit of back up and say it's necessary for the prolonged health of the hedge or some such b******s.
Of course - his chainsaw may also slip a little....
I live in west central Scotland - not where that photo is...
When you buy propity look at the garden if. There's a little ash tree next door, it one day will be a big ash tree, in your case fir trees I'm sure the council will not get involved if it private property I would say the because of the age of the trees they can go on up, you can side them up if they are growing over your boundaries.
Take care if you are planning to sell your property as now you have to declare if you have had any dispute with a neighbour. Sadly it sounds as though there is not much you can do. Live with them; or have a row.
If it meets certain criteria then yes they will. This is why the legislation was put in place. It's part of the Anti-Social Behaviour Act 2003.
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/9411/highhedgescomplaining.pdf
Just to avoid any misunderstanding - or any more PMs from anyone - I was joking about the chainsaw slipping.....
Good link Dave- think obelixx posted one too.
Hope you can make some headway Rex.
I live in west central Scotland - not where that photo is...
One and all,
Thanks for the input.
I would have a go at doing it myself but there are a few things against that idea. The first is SHMBO; it would be a no-go area (nudge, nudge, wink, wink, know wot I mean guv?) Then there is the fact that they are around 12-13 meter tall with a lot of deadwood inside to negotiate before one gets to the point of cutting. I am reluctantly happy to pay and expert.
Had a pow-wow with the neighbour and the tree guy last Saturday and the neighbour really does not want anything cut. He would reluctantly agree to around 1m, even though I would be paying. The thing is, it would benefit us both; I would have more light in the morning and he in the afternoon.
The tree guy agrees with me that 1m is a waste of time and would probably stimulate growth. Additionally, because of where the trees where last cut, there is a solid stump at around 8m from which he can work safely. Any higher and he could not do it (or so he says.) The neighbour then stated that the last time we paid to have them trimmed (when we bought the property 10 years ago) he thought too much was removed and that the trees looked like they were going to die. What a load of b.s! The only way to kill a leylandii is chop it at the base.
So we are pretty much at a stalemate. The next stage for me, should I wish to pursue the issue, is to go to mediation. If they agree with me, then I can approach the local council who will charge me £500 (+VAT of course) to decide who is right. Since the trees have been there before we bought (albeit not so high) and since the house is a new build, as is the garden, I gather the 'right to light' issue can side with the established trees, in which case, I may be gambling £500 down the drain. And if I were to win and the neighbour is forced to cut to a reasonable height, I could only recover my £500 via the County Court and even that may be a hiding to nothing. Then in five year time, they would need trimming again.
As for cutting back to my boundary, that is almost a no-go as that would leave us with a 'wall' of deadwood to look at. My only hope is for another big storm and rather than provide the 'wind protedction' that he sites, they would act like a sail and all blow over!
He is now officially near the bottom of my Christmas card list!
Toodle pip
Rex
I'm surprised he's even on your list Rex....
Game's a bogey then. What a shame. Impossible to reason with unreasonable people.
Even if you hacked them back so that you could plant something more attractive to look at, the ground will be so dry and depleted that it would be pretty difficult to achieve anything attractive.
I live in west central Scotland - not where that photo is...
Trespass would be the least of your worries. Do what Verdun claims he did years ago and you would probably find yourself in court charged with criminal damage. In one of the other posts you mentioned your neighbour agreeing to 1 metre. You could always 'misunderstand' and take it down to 1 metre rather than taking 1 metre off. "Whoops, I misunderstood"
Just joking but I can imagine it being tempting.
It's a pain Rex and I share it although I was fortunate enough to get a resolution.
The legislation that is in place is not easily workable as you are finding out. It's the last resort and means the relationship with your neighbour will have broken down and, as mentioned, you most likely have to declare this 'dispute' should you wish to move in the future. Plus you have the not-insignificant fee to pay to the local authority just to even review the case. I'm sure this is not how the Government intended the legislation to work.