Poplar and leylandi hedge issue

[Treemover]

I was with a lovely elderly couple this morning.

 

Their neighbour has some leylandi and poplar growing next door up tight to the wall. Usuall issue, light, leaves etc.

 

I see this as a legal issue. We can only trim overhang; and that won't be easy and won't solve problem.

 

Are local authorities in any way equipped to deal with such matters?

 

I see both sides of the argument; but I do feel the law should have some additional power and guidelines?

 

My only contribution was to mark or note the trees as a danger and threat to their property (5 metres away) and in the event of failure; something might happen. Negligence might be out of scope.

 

I'll post some pics later if unsuccessful

[Andy Clark]

Light loss and leaf fall are pretty well established in law as not being an actionable nuisance - thus not a reason for the neighbouring landowner to take any action what-so-ever.

 

In terms of the local authority, they will be powerless to enforce the landowner to exceed their duty and cannot force the landowner to prune the trees for the reasons given.

 

There is only a handful of real routes for action; 1 being the high hedge legislation within the ASB act, but only where groups of 2 or more conifers are present and thus constituting a hedge. The 2nd is the miscellaneous provisions act should the trees be deemed dangerous, but only of that danger extends to public access areas - such as any park, open space, common land that may be impacted on as well as your clients land. Misc Prov act is powerless where it is private land. 3rd one would be the Highways Act, but again, similar with the Misc Prov, could only be brought to bear if the trees also posed a hazard to any nearby highway.

 

In short it's likely to pretty much boil down to a neighbour dispute, until such time as the trees pose a defined actionable nuisance - and even then, the neighbour need only take the necessary action to remedy or recompense the nuisance, which is likely to be a lot less than removing the whole tree.

[Peter]

I read somewhere recently that the HH applies to any evergreen or semi evergreen species, with the exception of hornbeam and beech. Since there is no legal definition of semi evergreen it can be considered as including all species which have leaves for some portion of the year.

 

Also if there is a dispute between neighbours, whatever the subject, it has to be declared if the property is sold. That can be a pressure point on the owner.

[ReubenHayes]

Its unlikely for the photos attached that the LA would take this case up as a HH. Although there are evergreen trees, they are spaced out and the main issue is the deciduous Poplars growing up behind.

 

As stated in much better link above, it'll be a neighbour dispute.

 

Personally I would have a very close look at the wall (assuming it is your clients wall) and any outbuilding or house near to the trees. Just see if there are any cracks, movement etc. Otherwise you maybe able to put the owners of the trees on notice but until damage occurs there is no legal requirement to carryout works.

[Peter]

I know that.

 

Your definition is perfectly logical, but unless it is defined in statue or established by legal precedent it's not going to be accepted by a court. Another perfectly logical definition of semi evergreen could be a plant that has leaves for part of the year. It's not botanically correct, do you want to argue it in court though?

[Treemover]

Second photo

[Treemover]

It's a double ditch, wall, leylandi approx 7-8 metres and poplars behind

 

I just pity the clients; having to put up with it.

[detritus21]

High hedge route would be the way to go if an amicable agreement cannot be reached between neighbours.

[Paul Jenks]

https://www.gov.uk/government/publications/high-hedges-complaining-to-the-council

[fagus]

Involve the local authority. Often it is the Environment Health Dept who deal with cases in line with other Anti-Social Behaviour as High Hedges are defined in the 2003 Act.There is often a fee but there are ways the LA can deal with that.

 

At first read the legislstion is confusing involving measurements, angles from windows etc but the facts are indisputable as they exist on site and are not subjective.