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Trees

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Bramleyboy | 13:13 Thu 05th Apr 2018 | Law
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I have a home overlooking the bay in Pembrokeshire. We have mature trees surrounding our property which have never been touched and have never caused us any problems. Our problem is, our newish neighbours behind us want to cut a lot off about 7 of our trees because they obscure the view of the sea. I do not want to cut any of them! Is there any authority I can approach to get a second opinion. I do not want to get preservation orders on the trees as they are not in a town but in the countryside. I am sorry if this is in the wrong category, I could not see which would have been the right one.

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Bram. //I do not want to get preservation orders on the trees as they are not in a town but in the countryside.// It doesn't matter where they are, you can get an order(s) put on them, it's all here; https://www.rhs.org.uk/advice/profile?PID=213
16:41 Thu 05th Apr 2018
Contact the local council.

There may be a restriction on these trees being cut down.
Are the trees actually on your land?
Not bramley apples are they ?

Law seems a good place for this to me. Sorry I can't help, but IMO if they were there before they bought their house they ought not have a right to demand anything.
As far as I am aware, you can't have a right to a view.
Nobody has right to a view - that's generally the law.
This sort of thing comes up pretty regularly throughout the UK. A neighbour of mine hired a crew and the first I knew was when the chainsaw started and looking across I saw the first part fall. Eventually they stopped when the police came (I called them), the public prosecutor took up the case and the fellow was fined. The neighbour who egged the perpetrator on continued at different points for years to trick the council into cutting the trees down on the pretext that they were on council land (which they are not), unsuccessfully because I warned successive departments and new heads as to the history of this. As already said, normally nobody has a right to a view although procedures and attitudes will vary from council to council.
so who owns the trees?
ok you own the trees. Are the bits they want to cut off overhanging their property?
Question Author
Yes the trees are wholly on our land. No, they are not Bramley apples. I assume we own the trees and they are about 50 metres from our neighbours house. As they are not in leaf, I do not know what the trees are but they look very healthy and untouched. Bramley!
I would think if the trees are wholly on your land there is not much he can do about it without trespassing
Bram. //I do not want to get preservation orders on the trees as they are not in a town but in the countryside.//
It doesn't matter where they are, you can get an order(s) put on them, it's all here;
https://www.rhs.org.uk/advice/profile?PID=213
If the trees are on your land then surely they are your trees. Tell the neighbours this and they won't have a leg to stand on.
I think I would tell your neighbours that the trees are there to serve as a shelter belt and they are there to stay.
Also check with the local councils tree officer for advice.
This is the advice we got in a similar situation.

Dangerous Trees

If you are concerned that a tree is diseased or damaged and poses a danger due to having fallen, or being at risk of falling, you should contact the owner of the land on which the tree is growing. If the land belongs to the local council, contact them to request that the tree is cut down or pruned.
If you are unable to contact the land owner or they refuse to take action, contact your local council's Environmental Health Office. The owner is not under any legal duty to take action, but will be liable if a tree they knew to be damaged caused damage to Property or injury to a person.

As prevention is often better than waiting for damage or injury to occur however, the Environmental Health Office may be able to invoke the Local Government (Miscellaneous Provisions) Act 1976 if the tree poses an immediate risk to Property or people. This allows them to serve notice on the land owner to make the tree safe. If they fail to do so, the Environmental Health Office may undertake this work themselves. The land owner would then usually be charged for any gardening required."
If the trees are owned by you and wholly on your land with no branch or root encroachment onto theirs and if they pose no risk then they can't touch them. Tell them to naff off or the Welsh equivalent. You can get TPO's put on them (or at least request it) but no need IMO
If the trees are healthy, the law is on your side IMO.
How long have the you and or trees been there? How come you don't know what type of trees they are?

Have you just moved there yourself?
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Good question Tilly2. I was born there in 1944! As long as the trees are healthy and not a problem I have not studied them. I have not studied the wild flowers, the wild life or anything else we take for granted. Do you know all the trees around your home? The trees look healthy and have been there for as long as I can remember.
If our new neighbours hadn’t asked to top our trees there would never have been a problem. Bramley.
Well, I do know what trees I have in my garden. I'm just surprised that you don't.

In fact, I know the names of all the things growing in my garden, except for the weeds.
...I don't take wildlife and wildflowers for granted. I cherish them.

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