Trees blocking my light.

Question

my next door neighbours tree (at the front of our houses)is growing half way across my window from the left hand side.i do not want this ugly tree blocking not only my view but it seriously blocks out the light and thats the way the sun shines across as well.on several occassions i have mentioned it saying i cant clean my windows properly cause of the tree i think i might have to open my window and trim it up.they say nothing but carry on talking over me.well last night i was sitting very quietly in my back garden when i overheard them talking about the tree the wife said i have given the tree some extra food see how fast it grows now.if she cuts it i will sue her for destroying my tree.i wanted to say i am here you no but instead i bit my lip and went indoors i grabbed my phone so i could record them so i had proof of what they were saying but all i recorded was them laughing and saying i wonder what shes gonna do .so what i have on my phone is no good.however talking to the old man at the end of our street who is a keen gardener told me i am within the law to cut back all of the tree that is on myside as long as i throw it back in their garden and i dont keep it is this true.or will i be in trouble with the council.i own my house they dont.i know if i cut it there will be one big argument but i can handle that i just dont want to do anything law breaking.could someone please help thanks

Answer 1

Common Law states:  that you have the right to enjoy the property that you own/lease. This includes the land and buildings.  The air-space immediately above the lands normally belongs to the land.

"if she cuts it i will sue her for destroying my tree"

If a tree, hedge or any other plant is encroaching on to your land from your neighbours property and is causing a nuisance then you retain the right to cut it back to the boundary line, not over it.

The ensuing risings emanating from your deliberations legally belong to your neighbour you cannot keep them,  [If an apple drops from a neighbours on to your property, then you are according to CL required to offer it back]  Nor can you dispose of them.

  The old bloke is correct, however  I wouldn't just throw it back.  I would explain to the neighbour, with a witness at your side, as they sound anti-social, your intentions and offering the risings back  to him.

  

Many aspects of Common Law fall under the branch of law known as TORT. These are not crimes but civil wrongs and are committed by one private person against another.

Trees may cause friction between neighbours which may end up as legal disputes. In an ever more litigious society, it is as well to have some idea of your legal rights and obligations. For more detailed information concerning a specific tree problem, professional advice should be sought.

Areas of Tort to do with trees cover:- Negligence; Nuisance; & Trespass.

Problems caused by growing trees cover ownership, dangerous trees, protruding branches and encroaching roots.

In 2000, Gardening Which? produced a useful booklet entitled "Trees and Subsidence: The Facts". People are increasingly concerned that trees in their garden may cause damage to their homes or the people next door. Prepared with the help of arboriculturists and structural engineers, this down-to-earth booklet explains what subsidence is, how trees are involved and what to do if you suspect your home is affected or a neighbour accuses your tree of causing damage.

Overgrown or rampant garden hedges can be a bone of contention between neighbours. At present, the hedge owner is not under any legal obligation to keep their hedge in check and the neighbour is limited in seeking redress against such a nuisance.

More: FC Practice Guide 13. "Hazards from trees: a general guide". By David Lonsdale (2000).

Answer 2

Contact your local law enforcement and ask them what your options are.  If you tell them what you are planning to do and have them on your side beforehand, if your neighbors call the cops on you then at least they will have a heads up and tell your neighbors that you were in the right.

I wouldn't just throw the limbs on their place in case they say you caused property damage or something else.

Answer 3

When you mention 'council' it sounds like you live in England.  I don't know what the law is in England.  But most commonly any vegetation that extends into your property can be trimmed back to the property line.  If the tenants will not address this problem contact the landlord and raise the issue with them.  Be courteous and business like.  You catch more flies with honey than with vinegar!

Answer 4

you can cut the tree which is overhanging on your half of the garden ,thats the law ,if the neighbours are tennants try having a word with the landlord or if its council go and see the housing officer for that area and speak to him/her yourself,as your neighbours seem set for trouble.

Answer 5

You are legally allowed to cut off any part of the tree that overhangs your boundary.

You can't cut anything else off or cause the tree to die as you can be done for criminal damage.

Answer 6

There's a "Law of ancient light",which implies a householder is entitled to unobstructed light and air.

Consult City Hall or the C.A.B as applicable.

Although you're entitled to remove any branches which overhang the boundary of your property,you're also responsible for any damage  caused by doing this.

Consulting a tree surgeon would be the best option,you don't want to get involved in a law suit.

Answer 7

The law says that you are entitled to cut off boughs that overhang your boundary. You should then offer the cut timber back to your neighbour. And that's it!

Answer 8

You could contact your city hall, or an attorney for advice about your city's legal rights, and/or restrictions. If you can trim, have a licensed pro do it.

Answer 9

Depending on where you live and the laws usually any tree limb or tree that is on your property you can cut.  Even if the main part of the tree is on your neighbor's property anything hanging on your side is rightfully yours.

I would check the local laws and cut what ever you want. As the trimmings you would have to dispose of them.

Answer 10

Most property rights laws support you if the neighbor's tree is causing problems on your property. Unfortunately, you may damage the relationship with your neighbor if they are unwilling to work with you in trimming the branches. If you can't get the to agree by speaking to them, I would write them a nice letter telling of your concerns and inform them you intend to trim the branches away from your property.

Now, you are only allowed to trim those limbs that cross your property, and only up to the line. In other words, you can't go onto their property to trim them. And it's your responsibility to dispose of the branches you trim. Don't throw them onto your neighbor's property. Get a couple of friends to help you trim the tree. It'll go faster and you'll have some backup in case things get tense. And be neat about the trimming so they can't accuse you of damaging the tree. If you're unsure of how to do it, hire a professional.