darren m Posted February 19, 2013 Report Share Posted February 19, 2013 chaps i,m having a bit of a problem with a tree and a neighbour , she wants it taking down. fair enough it needs trimming but i think thats all. she claims it spoils her view and she now cant see over MY garden and into the fields about 1/2 mile away down the hill , and it makes her garden seem small ( which it is anyway ) . the tree branches are a bit close to this pig of a conseveratory she had built , although my tree was there first , only smaller . i suppose i will trim the tree somehow , but first i want to protest a little and let her know i,m not happy about it so i need to know -- is there any law at all that says that you have a right to a view thanks Quote Link to comment Share on other sites More sharing options...
stubby Posted February 19, 2013 Report Share Posted February 19, 2013 your tree, as long as you prune stuff on her side, she cant object to the height, my mum had a line of conifers both side of garden, shaped into "hedge" but at around 12ft high, neighbours complained for years, but nothing they could do, as it was privacy for her garden, after my dad died she relented a little and had them chopped down to around 8ft high, neighbours view outside of her garden is not your concern Quote Link to comment Share on other sites More sharing options...
darren m Posted February 19, 2013 Author Report Share Posted February 19, 2013 everything i,ve planted on that side is for privacy , there garden is about 18 inches higher than mine because we are on a slight hill .so they are allways over looking my garden . i,m just wondering if she complains to the council if they would favour her because of the height of hedges restrictions , you see all though its not a complete hedge . there is the pine tree , then a small birch ,then that stuff the butterflies like , then a evergreen bush , then medium conifer ( thuja plicta ) . they are actually in a border and the border is against my fence . Quote Link to comment Share on other sites More sharing options...
scobydog Posted February 19, 2013 Report Share Posted February 19, 2013 Had same prob a few years ago, and council told them they have no right to a view, they are only allowed to trim branches that overshoot their garden, they could not lower height of tree. Also surprisingly in Stockport you do not have a right to light, so blocking of light into conservatory would be no excuse to cut trees back. Good luck S Quote Link to comment Share on other sites More sharing options...
Asa Bear Posted February 19, 2013 Report Share Posted February 19, 2013 Had same prob a few years ago, and council told them they have no right to a view, they are only allowed to trim branches that overshoot their garden, they could not lower height of tree. Also surprisingly in Stockport you do not have a right to light, so blocking of light into conservatory would be no excuse to cut trees back. Good luck S You don't even have to trim the branches her side. If she decides to do it she must return the cuttings as they remain your property. Quote Link to comment Share on other sites More sharing options...
thegingeritalian Posted February 19, 2013 Report Share Posted February 19, 2013 I get quite a few complaints for this at work and its mainly snotty complainants who want to get one over on the neighbours. I take great delight in explaining that there is no legal right to light and if they decide to cut back the branches on their side they have to offer the cuttings back and if they do it in such a manner that the tree is damaged then they could be pursued for damages. From how you have described it it would not come under the high hedges legislation and even if it did most councils make the complainant pay for registration of the complaint. Practice your two finger salute my good man Quote Link to comment Share on other sites More sharing options...
figgy Posted February 19, 2013 Report Share Posted February 19, 2013 There is a section over on Arbtalk on legalities like this Figgy Quote Link to comment Share on other sites More sharing options...
.philmypower. Posted February 19, 2013 Report Share Posted February 19, 2013 Get a TPO slapped on it ( tree protection order ) can't touch it then with out going through all the channels. Your under no legal obligation to cut it unless its a safety issue. Tell her if she wants it gone she can pay for it. Quote Link to comment Share on other sites More sharing options...
darren m Posted February 21, 2013 Author Report Share Posted February 21, 2013 cheers guys - what about a legal right to a view - does she have one . i,m not trying to be difficult with her , but out of choice dont really want to loose any of my privacy and shade either , one of the meds i take tells me to stay out of direct sunlight. thanks again Quote Link to comment Share on other sites More sharing options...
welsh1 Posted February 21, 2013 Report Share Posted February 21, 2013 There is no right to a view as the people half way down my street have found out,for 50 years they have looked out over the river,but now the local housing authority are building 16 houses and flats so the view will now be the back of the new houses and flats. Quote Link to comment Share on other sites More sharing options...
.philmypower. Posted February 21, 2013 Report Share Posted February 21, 2013 The only way she can make you take it down if if the tree is in an unhealthy state and in risk of falling down. If the trees fine its your call. Quote Link to comment Share on other sites More sharing options...
al4x Posted February 21, 2013 Report Share Posted February 21, 2013 Ultimately you are neighbours I like to get on with mine so personally I'd just keep it trimmed and her happy. If the gardens are small it can wreck people's enjoyment of them being in permanent shade. Quote Link to comment Share on other sites More sharing options...
darren m Posted February 24, 2013 Author Report Share Posted February 24, 2013 (edited) yeah i understand that , her garden is in perfect sunshine all day in summer and yes she is a sun worshiper , its mine thats in the shade via my trees , but thats the way i like it. tree is very healthy . found out its not just that one shes complaining about now , theres also a large shrub in the border ( viburnham i think ) and a small silver birch . plus my golden plumb tree at the bottom of my garden that borders onto the back fence not hers. thing is shes higher up than me anyway my garden drops by about 18" oh well Had same prob a few years ago, and council told them they have no right to a view, they are only allowed to trim branches that overshoot their garden, they could not lower height of tree. Also surprisingly in Stockport you do not have a right to light, so blocking of light into conservatory would be no excuse to cut trees back. Good luck S mate how high was this tree Edited February 24, 2013 by darren m Quote Link to comment Share on other sites More sharing options...
al4x Posted February 24, 2013 Report Share Posted February 24, 2013 In that case really its tough you like your bushes in trimmed Quote Link to comment Share on other sites More sharing options...
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