Who pays for tree cutting when blocking light?

[Freddie328]

I've found a garden law forum which I've posted this on but as PH is the fountain of all knowledge, I thought someone on here may be able to offer some advice!

My garden goes behind 2 cottages, one of which has been empty for a while. It has just been extended and renovated and the owners came and asked if they may thin and trim some of our trees/hedges in order to give the cottage more light as it is quite near the boundary. We had no problem with this and they went ahead and did it - end of.
I received an e mail from the owners of the other cottage asking the same question, again we have no problem with this, their cottage is right up against the boundary and the trees are making the rooms on that side of their house very dark. I replied and told them to go ahead, saying that obviously neither of us wants to be completely overlooked so as long as there was still some sort of screening between us I had no problem.
Having spoken to the owner of the property at the weekend it would appear that they are expecting us to pay for this tree cutting and are only willing to make a contribution towards the cost.
Where do I stand here and who is liable to bear the cost?


Thanks.

[Laurel Green]

Cheeky bu**ers! Tell them (politely) if they want the extra light they can meet the full cost themselves.

[GKP]

I would expect them to pay 100% of the costs. Your contribution is allowing them to interfere with your property.

[Freddie328]

Does it make any difference depending on the type of trees involved? There are a mixture, some deciduous and some evergreen (conifers). Does anyone know anything about the 'High Hedge Law' which apparently can be used when evergreens are involved? The neighbour in question is a barrister so I want to make sure my facts are completely correct before I say anything!

[bogie]

look on your local authority website - there may be a spreadsheet with a calculator

For evergreen trees, they become classed as a "high hedge" I believe

some info here

http://www.gov.im/lib/docs/dlge/legislation/limits...

its quite complex the "right to light" and very difficult to enforce apparently ...usually the local authority will want to see

that you have communicated with your neighbors etc before they will get involved in anything other than advice

We are on the other side of this - our neighbor has huge evergreen trees, over 2 storeys tall that put 1/2 our garden in shade

We just want them trimming a bit, but they dont care as they are at the bottom of their land ....a nice feature for them 200m from their house

Trying to get themt to do anything is slow, and im fed up of them promising, so I will end up chopping 10foot of the top myself...i bet they dont even notice

[SimonV8ster]

I had some trees at the end of my garden that grew and grew and blocked out a lot of light. The trees were actually in my neighbours garden so twice now I've asked him politley to trim them back.

He did on both occasions - I certainly was going to bloody pay for being inconvenienced !!

If your trees are that bad causing them to complain about light or them being an eyesore, etc, why not accept their offer of a contribution ?

[blueg33]

bogie said:

look on your local authority website - there may be a spreadsheet with a calculator

For evergreen trees, they become classed as a "high hedge" I believe

some info here

http://www.gov.im/lib/docs/dlge/legislation/limits...

its quite complex the "right to light" and very difficult to enforce apparently

Right to light is enforceable enough, the problem comes in assessing whether you have blocked their right to light. I have done several training courses on Rights to Light and its far from clear. If the hedge is any distance from the house there is a likelihood that you have not breached a right to light as its all about the visible percentage of the dome of the sky. If the hedge has been there for long enough (i think its a year) at its current height and the other property has taken no action to complain then they may have waived their right.

Having said all of the above, I think its more of a high hedges issue than Rights to Light, that is not something I have ever done any training on, so I cant really comment.

[Wings]

“Where do I stand here and who is liable to bear the cost?”

I assume the trees do either not have a TPO on them, or that you reside in a conservation area, if No to both, then if the trees are on your land, then under normal circumstances you would be totally responsible for the costs of any reduction in the height of the crown of the trees. However since your near neighbours are the ones requiring the works to be carried out, then you could either insist they share some the costs, or all of the costs.

I have spent a small fortune over the past 12 months on felling and reducing the height of trees, and unless the branches of trees are overhanging your neighbours properties, there is little legally your neighbours can do, although if it were me, as in fact I have recently done, I would try to work together with your neighbours to obtain a satisfactory solution for all parties.

[CraigW]

as an aside, we have a tree which blocks out the last couple of hours of sun, owners wont thin it, its huge, how do I kill it?

[JagPJ]

Drill some holes it and pour in copper sulphate, it takes a while but it worked on an old hedge of ours!

[CraigW]

noted

[treehack]

If they want the work doing then they pay. Be careful what they want to do tho and insist they use a professional not some friend with a chainsaw and ladder or a pikey.

[ShadownINja]

treehack said:

If they want the work doing then they pay. Be careful what they want to do tho and insist they use a professional not some friend with a chainsaw and ladder or a pikey.

Next door neighbours said one of my trees was blocking light into their kitchen. I said, they could do whatever they wanted with it, so they hacked the top off. On the plus side, I get light into my kitchen. On the downside, I can no longer fry chips in the nude in my kitchen.

[blueg33]

ShadownINja said:

I fry chips in the nude in my kitchen.

Now there is a brave man

[ShadownINja]

blueg33 said:

ShadownINja said:

I fry chips in the nude in my kitchen.

Now there is a brave man

It's all about technique, dodging and twisting, mastery of physics, swift, deft, precise movements.













Tiny penis reduces probability of being hit.

[treehack]

Where abouts in Herts are you Freddie328?

[Chrisgr31]

I'd say if they want the work done they should pay for it. After all I assume you are perfectly happy with the trees as they are. However at the same time you want control over the work, dont want to come home and find them as 4 ft stumps!

So I would get a tree surgeon in, and get a quote and tell them what the cost is. Up to you whether you share in the cost of it. All this assumes there is no right to light being blocked by your trees.