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jpfirestones | 19:40 Thu 21st May 2009 | Home & Garden
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My neighbour is not willing to cut his leylandii tree down,
it is 70ft. high and is a hedge because there are 2 trees growing together and a hedge cannot be over 12 ft high. He said if I am willing to pay to take the whole tree out altogether then his is willing, otherwise he is not interested that it is stopping the sun coming through to my garden, lounge and bedroom, making them all dark. Pleeese can someone help with this prob lem as I dont want to fall out with my neighbours, but as a pensioner money is short and they are both working
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Ask your solicitor if Ancient lights rule apply.
Try and approach your local council in the first instance, they often have a tree officer in the dept of environment.This will not cost you any thing to ask.
Cheaper than a solicitor, could be to enquire with your local council to see where you stand.

This BBC article should be of interest too:
http://news.bbc.co.uk/1/hi/magazine/4595727.st m

Question Author
Many thanks to brenda, boo boo and vulcan 42. Will look into all aspects of your helpful answers tomorrow.
Brenda writes "This will not cost you any thing to ask". While she's obviously correct in stating that informal advice is free, any formal application for the council to act will incur a fee:
http://www.direct.gov.uk/en/HomeAndCommunity/W hereYouLive/NoiseNuisanceAndLitter/DG_10029999

Further, your post states that hedges can't be over 12 foot high. That's not correct. There is no statutory limit on the height of any hedge. The relevant legislation only gives the council powers to act when a hedge exceeds 6m if they are satisfied that there is good reason to do so:
http://www.communities.gov.uk/documents/planni ngandbuilding/pdf/highhedgescomplaining.pdf

Chris
Yes, Chris, as usual you are absolutely correct on these points and there is nothing left on that part for me to add.

What I would add, though, is if you can find the funds, get the damn things chopped off completely before he changes his mind. It will actually be far cheaper to fell them than trim them to a height - if there is space to let them fall. Stump grinding is not cheap though - so try and persuade him that stump removal should not be necessary.
Question Author
thanks very much buenchico and buildersmate for all your helpful information. will digest and act pretty quickly!!!!

pauline and john
I had this problem too, with cherry trees next door. 5-6 years ago I had a tree-surgeon round to trim my own cherry tree, and (with permission) he climbed over to next door and trimmed theirs up too. I had to have them done again this year and asked my neighbour if the trees her side could be removed completely - she agreed, after all the benefits to her were a huge improvement in light quality as well, and my tree surgeon charged �200 to cut them down to ground level. My neighbour rather grudgingly went halves with me. It was 2 men working for nearly a day.

A 70ft leylandii sounds a bit more pricey. Ghastly things, they ought to be banned. I bet your property is in permanent gloom. Ask a professional gardener for a quote and see if your neighbour is neighbourly enough to go halves.

Good luck
Question Author
thanks for the interest whiffey , but my neighbour is not interested in going halves with the price of cutting the tree,
we are waiting for an estimate which we think will be aroung 250 poungs - ouch!!! but a necessary ouch!
Thanks again .
Pauline and John
-- answer removed --
dont know if it will help but you could try www.gardenlaw.co.uk

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