Advice on responsibilities with trees & neighbours
Discussion
Hi,
I'm hoping someone can give me some advice for my mum, or perhaps point me in the right direction. She stays in a detached house that has a border with a modern block of flats. Along the border are some Leylandii trees that were planted prior to the construction of the flats.
The neighbours in the flats are complaining that the trees are encroaching into their land and have asked them to be cut - both in height and width. I was just wondering who's responsibility this is (and if there even is one?) - specially for the part of the tree that is overhanging their land?
This is in Scotland, in case that makes any difference.
Thanks for any advice!
I'm hoping someone can give me some advice for my mum, or perhaps point me in the right direction. She stays in a detached house that has a border with a modern block of flats. Along the border are some Leylandii trees that were planted prior to the construction of the flats.
The neighbours in the flats are complaining that the trees are encroaching into their land and have asked them to be cut - both in height and width. I was just wondering who's responsibility this is (and if there even is one?) - specially for the part of the tree that is overhanging their land?
This is in Scotland, in case that makes any difference.
Thanks for any advice!
CoolHands said:
Your mum planted leylandii because she didn't like the modern block of flats, and wants to know if she can be forced to cut them.
Is that the gist of it....?
No, considering I wrote "Along the border are some Leylandii trees that were planted prior to the construction of the flats." i.e. the trees were there well before the flats...Is that the gist of it....?
Who planted the trees which side of the boundary are they on? who owns the house the OP's mum lives in the wierd wording makes me think it is a rental property? Is there a landlord for the flats? The trees could be anyones responsibility until we know who owns the land they are planted on.
High Hedges (Scotland) Act 2013 came into force 1 April 2014.
http://www.scotland.gov.uk/Topics/archive/law-orde...
If the owner of a high hedge refuses to cut it back then residents affected by the hedge can apply to the council for it to be cut back. The council will then bill the owner.
http://www.scotland.gov.uk/Topics/archive/law-orde...
If the owner of a high hedge refuses to cut it back then residents affected by the hedge can apply to the council for it to be cut back. The council will then bill the owner.
ralphrj said:
High Hedges (Scotland) Act 2013 came into force 1 April 2014.
http://www.scotland.gov.uk/Topics/archive/law-orde...
If the owner of a high hedge refuses to cut it back then residents affected by the hedge can apply to the council for it to be cut back. The council will then bill the owner.
Very Good law. http://www.scotland.gov.uk/Topics/archive/law-orde...
If the owner of a high hedge refuses to cut it back then residents affected by the hedge can apply to the council for it to be cut back. The council will then bill the owner.
ralphrj said:
High Hedges (Scotland) Act 2013 came into force 1 April 2014.
http://www.scotland.gov.uk/Topics/archive/law-orde...
If the owner of a high hedge refuses to cut it back then residents affected by the hedge can apply to the council for it to be cut back. The council will then bill the owner.
What is a high hedge 4ft 6ft 10ft. 4ft would be hight to a midget but not a 6ft tall person.http://www.scotland.gov.uk/Topics/archive/law-orde...
If the owner of a high hedge refuses to cut it back then residents affected by the hedge can apply to the council for it to be cut back. The council will then bill the owner.
ralphrj said:
High Hedges (Scotland) Act 2013 came into force 1 April 2014.
http://www.scotland.gov.uk/Topics/archive/law-orde...
If the owner of a high hedge refuses to cut it back then residents affected by the hedge can apply to the council for it to be cut back. The council will then bill the owner.
That's interesting, thanks. Seems to be concerned more with the height rather that width but good to know.http://www.scotland.gov.uk/Topics/archive/law-orde...
If the owner of a high hedge refuses to cut it back then residents affected by the hedge can apply to the council for it to be cut back. The council will then bill the owner.
For those that asked, the trees are on my mother's side.
PAULJ5555 said:
ralphrj said:
High Hedges (Scotland) Act 2013 came into force 1 April 2014.
http://www.scotland.gov.uk/Topics/archive/law-orde...
If the owner of a high hedge refuses to cut it back then residents affected by the hedge can apply to the council for it to be cut back. The council will then bill the owner.
What is a high hedge 4ft 6ft 10ft. 4ft would be hight to a midget but not a 6ft tall person.http://www.scotland.gov.uk/Topics/archive/law-orde...
If the owner of a high hedge refuses to cut it back then residents affected by the hedge can apply to the council for it to be cut back. The council will then bill the owner.
PAULJ5555 said:
ralphrj said:
High Hedges (Scotland) Act 2013 came into force 1 April 2014.
http://www.scotland.gov.uk/Topics/archive/law-orde...
If the owner of a high hedge refuses to cut it back then residents affected by the hedge can apply to the council for it to be cut back. The council will then bill the owner.
What is a high hedge 4ft 6ft 10ft. 4ft would be hight to a midget but not a 6ft tall person.http://www.scotland.gov.uk/Topics/archive/law-orde...
If the owner of a high hedge refuses to cut it back then residents affected by the hedge can apply to the council for it to be cut back. The council will then bill the owner.
In simple terms it is 2 or more trees or shrubs that are more than 2 metres in height that form a barrier to light.
If you can agree a height and division of costs between yourselves, that is the best solution.
Outside that:-
A line of 2 or more evergreen plants of any variety is a hedge.
We have high hedges legislation in England already, I've had a brief look at the Scottish link and it appears similar.
The width of the hedge i.e. overhang is NOT applicable to the high hedges legislation, the adjoining owners have the right to self-abatement i.e. to cut back to the boundary at their own cost and dispose of the arisings at their own cost, after asking the owner if they want them or not (obviously not). This will create a dead brown eyesore that will not regenerate, if that is what the flats want to look at, great!
As regards height, far from being 'a very good law' it is a bureaucratic minefield. No hedge will every be actionable below 2m, the actionable height is calculated from a complex formula, if the hedge is any distance from windows etc., the actionable height will be very high. The complainant has to pay a fee and go through the process, after showing they have made every effort to mediate.
If your mum wades through the guidance for calculating the actionable hedge height, then she'll know if she can safely tell the flats to do one, or not.
Outside that:-
A line of 2 or more evergreen plants of any variety is a hedge.
We have high hedges legislation in England already, I've had a brief look at the Scottish link and it appears similar.
The width of the hedge i.e. overhang is NOT applicable to the high hedges legislation, the adjoining owners have the right to self-abatement i.e. to cut back to the boundary at their own cost and dispose of the arisings at their own cost, after asking the owner if they want them or not (obviously not). This will create a dead brown eyesore that will not regenerate, if that is what the flats want to look at, great!
As regards height, far from being 'a very good law' it is a bureaucratic minefield. No hedge will every be actionable below 2m, the actionable height is calculated from a complex formula, if the hedge is any distance from windows etc., the actionable height will be very high. The complainant has to pay a fee and go through the process, after showing they have made every effort to mediate.
If your mum wades through the guidance for calculating the actionable hedge height, then she'll know if she can safely tell the flats to do one, or not.
Snowboy said:
Your mothers hedge is growing into the neighbours garden.
Everywhere I lived each neighbour would just trim their side of the hedge. The owning neighbour would sort out the height.
Everyone would be civil and friendly about it.
Yeah, she's happy to deal with the height, but thought the overhanging branches were up to the neighbours to sort out as they see fit. That seems to be the case from what I've read so far, so that's good! She actually said that to the neighbour, but he didn't seem to like that idea for some reason!Everywhere I lived each neighbour would just trim their side of the hedge. The owning neighbour would sort out the height.
Everyone would be civil and friendly about it.
Tophatron said:
Yeah, she's happy to deal with the height, but thought the overhanging branches were up to the neighbours to sort out as they see fit. That seems to be the case from what I've read so far, so that's good! She actually said that to the neighbour, but he didn't seem to like that idea for some reason!
I cant understand why you think it is the neighbours responsibility to trim the branches growing from your mother's tree. How hard/expensive is it for your mum to get a tree surgeon round to sort out the overhanging branches from her tree that the neighbours are not happy about?"I cant understand why you think it is the neighbours responsibility to trim the branches growing from your mother's tree. How hard/expensive is it for your mum to get a tree surgeon round to sort out the overhanging branches from her tree that the neighbours are not happy about?"
Don't let the law get in the way of what you understand
Don't let the law get in the way of what you understand
To add to my previous comment;
For me, and this is bugger all to do with law, I would ask if it's a tree or a boundary hedge.
If it's a boundary hedge then each side can keep it tidy with a bit of DIY.
But if it's a bloody great TREE and it needs a tree surgeon, then I'd say it's the tree owners responsibility to sort out.
For me, and this is bugger all to do with law, I would ask if it's a tree or a boundary hedge.
If it's a boundary hedge then each side can keep it tidy with a bit of DIY.
But if it's a bloody great TREE and it needs a tree surgeon, then I'd say it's the tree owners responsibility to sort out.
In England trees/hedges overhanging boundaries can be a legal nuisance. As has been mentioned above, the occupiers of the flats are permitted to abate the nuisance by cutting the trees back to the boundary although they should be careful not to damage the remaining tree in the process. Strictly speaking the branches belong to the owner of the tree and the occupiers of the flats could return these to the tree owner for disposal.
A Court will not order the tree owner to cut the tree back or to compensate the flat occupiers for the cost of cutting the tree back unless the nuisance is preventing them from using their property significantly or damaging it is some way.
The law of private nuisance is, I understand, similar to English law but you need legal advice from someone familiar with Scots law.
A Court will not order the tree owner to cut the tree back or to compensate the flat occupiers for the cost of cutting the tree back unless the nuisance is preventing them from using their property significantly or damaging it is some way.
The law of private nuisance is, I understand, similar to English law but you need legal advice from someone familiar with Scots law.
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