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New hedge Law

Subject: New hedge Law
From: Chris Skellern
Date: Dec 08 1999 19:36:06
UK Tree Care - http://www.oak-wood.co.uk/uktc/
UKTC
 
 
Is it fair for someone to construct a building close to a property boundary and allow an upper floor of the building to overhang a neighbours property by 6 feet and allowing the presence of this obstruction to cast shade on the neighbours lawn and shrubs and reduce light levels etc?  I think not.
 
So is it right that someone can plant a row of Leyland Cypress (or any other tree) close to a property boundary and allow the growth of those trees to overhang a neighbours property by 6 feet and allowing the presence of this obstruction to cast shade on the neighbours lawn and shrubs and reduce light levels etc? 
 
 If after the trees were planted the neighbours lawn and shrubs are in a worse off state due to poor light and moisture levels, should not the neighbour be able to claim damages against the tree planter. Has anyone ever tried?
 
It may be argued that the neighbour should trim the trees growth back to the boundary to prevent the trees causing such damage to his lawn & shrubs in the first place. But is this fair since such trimming will cost the neighbour X pounds each year to carry out and he didn't even plant the trees. So why should he have to pay to maintain something which he didn't ask for, yet is powerless to prevent. Seems to me to be a very unfair situation. But is of course a common situation and a cause of conflict.
 
I wonder if the private members Bills going through parliament will be able to arrest such problems.
 
I have my own statute which I expect to get into next years Queen speech; it goes as follows:-
 
"If part of an owners tree or shrub overhangs a neighbours property and that neighbour wishes such overhang into his property to be removed then the tree or shrub owner must at his own expense have the overhang removed within 21 days. If the tree owner fails to do so, the local authority will carry out such works and invoice the tree owner accordingly. " 
 
As a compromise I may consider limiting the law to just coniferous trees but  I would need to be bribed first.
 
 
Statutory nuisances bill:-
 
I wonder how they define a nuisance within the above bill; how bad would growth from neighbours trees have to be before its classified as a nuisance?
 
 
 
Chris Skellern.
 
 
 
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