I am looking for an answer to this problem. I do not wish to go to solicitor unless as last resort?

Question

I also do not want the obvious suggestion of cutting the thing down. The thing is a very high leylandia type tree which my neighbour has deliberately let grow to block my view of the spectacular surronding scenery. He actually tried to bribe me with an empty promise to cut it down. I have since found out that this blockage of the view affects the sale value of my property. It also affects amenity , which is another point which I have seen quoted in similar examples. In other words it does not just happen to me.My neighbour is a nasty sad old man, and is doing this on purpose. Is there a straight forward way to deal with this matter other than start up my Husky chainsaw ?

Answer 1

wish i could think of something better but..... can you not try to kill it rather than chop it down? as then he will have a law suite against you then, but if your sneaky and can poison it then you might have a better chance of getting rid of it only as a last resort mind you!!
Sorrrryyyy.

Answer 2

I would try to find out some more information first on your rights. Possibly Citizens advice bureau or maybe your local council. Solicitors are a last resort. It is difficult when you have a neighbour who is being totally unreasonable, but you have to rise above the pettyness and try and stay calm and reasonable yourself. Unfortunately you may find it difficult to sell your house in the future if you have had a conflict with a neighbour as this, under law has to be declared. Personally I would rather buy a house where maybe some light has been blocked from the garden than a house known to have awkward neighbours. I have had problems with neighbours in the past and found the most effective way of dealing with them is to wear them down gradually, put you view across in a calm and polite way and never lose your temper. I don't know if this will be of any help, but I just want to say, be very careful how you proceed as it could lead to a whole heap of trouble and misery for yourself if you wade in all guns blazing.

Answer 3

Info from the Citazens Advice Web Site.

Gardens and trees
To establish who is responsible for keeping a shared garden in good order, you should check the title deeds of the property.
If you believe a neighbour’s garden is a health hazard, you should contact the local authority environmental health department.
If a neighbour is unable to look after her/his garden due to disability or old age, s/he may be able to get help from the local authority. The authority may run a garden aid scheme, providing a basic gardening service to people unable to look after their gardens.
If your property is damaged as a result of a neighbour’s lack of care, or failure to maintain her/his garden (for example, tree roots coming up in your drive) the neighbour could be liable for damages.
If you are affected by branches or roots of a tree in a neighbour’s garden which are hanging over or spreading to your property, you should first of all approach the neighbour and ask her/him to cut back the tree. Under common law, you have a right to cut back the branches and roots to the boundary between the properties but this course of action may be unhelpful, particularly if the action damages the neighbour’s tree.
Hedges
If a neighbour’s hedge is tall and blocks out light, you can prune the roots or branches. However, you should not attempt to reduce the height of a hedge without obtaining advice from a solicitor. In addition, some hedgerows are protected by law.

Answer 4

Are you planning to move? If so, then it's a real problem. Otherwise, look out of a different window.

See if your neighborhood has a homeowner's association. If you can't settle the dispute with your neighbor, take it up with them. They can send an anonymus letter saying that there have been complaints about the tree, and it needs to be at least pruned, if not removed completely. Chances are your neighbor doesn't want to or can't afford to have the tree removed, so offer to pay half. It's worth getting the property value back on your house.

Answer 5

Legally you have very little recourse. If it's on his land, you can only request for the tree to be cut back. However, if it encroaches onto you land, ie overhangs, then you are allowed to remove any growth back to the border.
That's the legal way...I would never suggest that drilling a series of holes into the trunk and injecting a herbicide just above ground level during the night or when the neighbour is away on holiday. The holes can be made very small and almost impossible to detect...the tree will die over a period of weeks so it will appear to be a natural event....but that would be illegal.....

Answer 6

Please do not listen to Steven C about the oil. I do not know if the oil will kill the tree but it will contaminate a HUGE amount of fresh water as it soaks down into the groundwater. No one should EVER dump used oil anywhere. It should be sent to a recycler. Here in he US many people do not change their own oil any longer. We use inexpensive oil change services that do the job and recycle the old oil for not much more money than the oil alone would cost.
If the tree is very close to the property line perhaps you could begin digging a large hole on your side of the fence for a "water feature" and in the process remove any of the roots that are on your land and in your way. That should do it.

Answer 7

Legally you may only cut the tree back to the property border, if it encroaches your property. Was the tree there before you bought or took ownership of the property. Because then you can't really have it removed in any event. You will have to check your council by laws and regulations to see what they say about trees that cause damage etc.

Answer 8

Legally forget about it, they don't want to hear from you at all at all. just slowly poison the tree simple, but don't get caught. I'm sure if you have a look round the net you'll find something that will kill this tree off. Well that's the easiest way to sort this out and by the way ever time you see this man say hello and all that so he thinks he's won. While you'll be having that private evil laugh to yourself all the way to the bank.

Answer 9

You'll probably find the roots encroach on your property. This may be a good legal point if they are potentially causing damage. The more evil version is if the roots are going onto your property then inject them on a regular basis with Round Up or similar noxious weed killer. Bit more subtle and quiet than a Husqvarna. Leylandia should be banned.

Answer 10

i agree with the eradication theories. what you have to be very careful of these days is the legal aspect of reporting/complaining about it. as soon as you put in writing any complaint about a neighbour then when you come to sell you have to declare a dispute to the prospective buyer. there are leylandii at the back of my next door neighbours property and it looks to me as if someone has poisoned one of them, so they'll have to cut it down now. don't know who did the deed but with it gone the rear property will have light in their back garden for the first time in 10 years.

Answer 11

There is a bit of law not often used called "old light" if you can prove that this tree has reduced the amount of light coming into your property you can ask for it to be removed.