I have a big tree at the bottom of my garden. its not on my land, but stops me getting much sunlight.?

Question

does anyone have any suggestions.

Answer 1

get some big copper nails and hammer them into the bottom of the tree.

The copper absorbs into the tree and kills it totally

Tree gone and sunlight comes through

Now you can get a good tan

Answer 2

If it's not on your land there's not much you can do besides move your garden. You could also plant things that do not require a lot of sunlight. You can't very well ask the people to cut down their tree.

Answer 3

Before you do anything, find out if there's a preservation order on the tree. Your local council will be able to tell you. If there is, you'll be extremely limited as to what you can do. If there isn't, you are legally entitled to cut off any branches overhanging your garden. Strictly speaking, anything you cut off belongs to whoever owns the tree, but unless it's fruit I wouldn't think the owners are going to be very happy if you throw the cut off branches back into their garden. In the interests of remaining on good terms with your neighbours you might want to discuss it with them before you start chopping at thier tree; they might not realise it's causing you a problem. They might even be prepared to get someone in to reduce the size of the tree; not only would that save you the bother but they would also remove the branches they cut off, which would save you having to get rid of them yourself.

You don't mention what sort of tree it is; in the Britain there is now legislation governing the height to which people can allow conifers to grow, but the process through which you would have to go can be expensive and would almost certainly lead to the end of friendly relations between you and your neighbours.

If it doesn't prove possible to cut off overhanging branches you might have to accept that you'll have to plant shade loving plants.

Answer 4

You have the right to cut the part of the tree that overhangs your property - but beware - if the tree becomes misshapen or dies your neighbor has a right to damages and the value of a mature tree is quite high.

You could offer to pay for a licensed arborist to thin the tree to allow dappled sunlight through, if the tree owner would allow it. That might help a lot.

Answer 5

Make the most of it and plant a shady woodland refuge garden. Big deciduous trees also help with the heating/cooling bills; blocking the sunlight in the summer so your house stays cooler, and letting the light through in the winter so your house stays warmer...

Answer 6

If it is merely preventing light from reaching your garden, there is nothing that you can do about it. The basic principle operating here is that as a matter of law you have no right to object to what another person builds (or grows) upon their land. Of course - as with every legal principle - this is riddled with exceptions.

The most relevant one to you I would imagine is whether you possess a right to light, or, what is otherwise known legally as an easement to light as acquired by prescription.

This can operate in your favour if you have windows in your house which have been in the situation of receiving light unimpeded by any obstructions on any neighbouring land for a certain number of years: namely, the prescriptive period. Therefore, the issue turns on whether the construction of your house (assuming the windows in question were in place at this time also) predates the obstruction to the length of the period as required by law.

In Northern Ireland, this period is in the region of 30 years (it being two years since I studied Land Law, I cannot be entirely sure); and as for the position in Scotland, England and Wales, I also cannot be certain given the marked differences between Northern Irish Land Law and the other component countries of the United Kingdom.

If you feel you possess the above requirements, it will also be necessary for you to prove that your right to light has been breached by your neighbour; which will obviously turn on the facts of the case and in which I am not in a position to comment.

I would, however, suggest negotiations with your neighbour before considering threats of legal action, et cetera.

P.S. I should have added that if your property is found to possess such an easement to its benefit, you would be within your rights to issue legal proceedings asking for the court to issue a decree of specific performance; namely, to require the defendant to remove the offending tree to restore the enjoyment of light to your property.

Answer 7

the tree is the responsability of the garden its planted in , but that doesnt stop you cutting the branches and putting them back into that garden..they belong to them after all.
you are allowed to cut the branches as far back as you wish...
if the owner didnt like it they should take better care of the tree.
you also could make sure that the roots are not imposing onto your foundations of your property. as if they do the person has to cut their tree down.. it could be fatal to the property you are in...and thats another story.
good luck with getting more sunlight.....

Answer 8

Talk with the neighbor. If the neighbor doesn't want to cut the tree- and around here trees are extremely valuable for their shade in the summer- then either grow shade-loving plants, or move the garden.

Answer 9

You are allowed by law to cut any branches over-hanging your property, if you cut those off you must give them back to the owner of the tree.I hope this will help and you can increase the sunlight in your garden. Good Luck

Answer 10

Do you know who owns the land on which the tree sits? Can you talk to them and ask if they would at least trim it so you could get some more light? How far out of your property line is it? Could you cut it down and claim you thought it was on your own land?

Answer 11

You are legally entitled to cut any branches overhanging your boundary. Failing that, have you tried asking the neighbour if he'd mind topping or thinning it out? Best to get him onside before you do anything though.

Butter him up one weekend by inviting him over for a few beers. Then, after a few days, ask him about the tree.