Huge tree enchroaching on my back yard

Have a huge tree enchroaching on my back yard

It's Ok in winter, but now it has leaves on it blocks out sunlight.

It's 30ft or so and very bushy. Overhanging 7 or 8 ft into my back yard.

My house is private, I don't know who owns the land with the tree on.

Do I cut this tree back and pay for it?

Do the council?

Should I try and find out who the tree belongs to and ask them to do it?

Don't any of your neighbours know who owns the land?

Bit here about it from Home Owners Alliance:

"Neighbour’s tree blocks light in my garden – what can I do?

Q: My neighbour's tree is blocking light from coming into my garden and the branches are overhanging. She planted the trees 10 years ago and I'm not sure how to approach her. Who is responsible for maintaining the trees and do I have any rights? Can I chop down the overhanging branches?

It’s good to talk. So the starting point to handling this will be talking to your neighbour. Keep things civil and give them time to reflect on what you propose doing.

In advance of that conversation you might want to be aware of some facts.

First of all, check whether there is a tree preservation order protecting the tree and/or whether it stands in a conservation area. You can do this by phoning your local council and asking them to check on the local map of your area. You can discuss with them the implications of any planning restrictions on the tree.

If there isn’t an order or restrictions on the tree you do have a right under common law to cut back overhanging trees that are encroaching upon your property provided that you do not go over the boundary between your neighbour’s land and your own. We would recommend getting agreement from your neighbour for this work to avoid any ill feeling or claims of damage.

You will need to be very careful that you do not cause damage to the tree when cutting it back as this could leave you open to liability claims from your neighbour. Do not go beyond your boundary.

As the tree belongs to the land on which they originally grew you will need to ask your neighbour if they want any of the trimmings back and return any branches to them or else agree beforehand to dispose of them yourself.

You suggest the overhanging tree is causing problems with access to light. If it is blocking light to a window or glass house on your property then you might be able to acquire a right to light under Planning law. The Rights of Light Act 1959 states that if a property has received daylight for the last 20 years (the minimum prescribed period, which may rule out your tree), you may be entitled to continue to receive that light. Again speak to your local planning department about this."

I think it is housing association land

I thought that you needed permission from the council to cut down trees.

he didn't ask about cutting it down (but no you don't, if it's yours and it has not TPO on it).

You can definitely cut back the branches overhanging your property, but be sure to return them to the owner, otherwise it's theft...

Actually getting it topped (ie shortened), that would require the permission of the owner... On the other hand if they are absent and not taking care of the tree, would they be likely to know that you'd had it done?

A friend of mine recently had this issue with a tree on public land overhanging his garden.

He did establish it was council land so it was a tad easier for him however -

The council refused to cut it,as they didn't want to and don't have to.

The council refused to accept the cuttings (if he did it) as they didn't want them and don't have to,should he pop them over the fence onto council land he would be prosecuted for fly tipping.

IF he insists on having something done about it via the council they have to apply for permission - as the tree legally belongs to the "people".

Might not apply to you Mr OP, but these things aren't a cut and dried as people think they are.

I think it is housing association land

good luck you will have more chance in winning the lottery, i tried they dont want to know, even asked local MP for help, they never got back in touch. and the resident association are rubbish only offerd to get some guy in to cut it down for cash in hand:suspect: and this tree was blown down.and dangerous

good luck you will have more chance in winning the lottery, i tried they dont want to know, even asked local MP for help, they never got back in touch. and the resident association are rubbish only offerd to get some guy in to cut it down for cash in hand:suspect: and this tree was blown down.and dangerous

oh dear

doesnt sound very promising.

A friend of mine recently had this issue with a tree on public land overhanging his garden.

He did establish it was council land so it was a tad easier for him however -

The council refused to cut it,as they didn't want to and don't have to.

The council refused to accept the cuttings (if he did it) as they didn't want them and don't have to,should he pop them over the fence onto council land he would be prosecuted for fly tipping.

IF he insists on having something done about it via the council they have to apply for permission - as the tree legally belongs to the "people".

 

Might not apply to you Mr OP, but these things aren't a cut and dried as people think they are.

No permission required to cut overhanging branches, and if they don't want the cuttings he can just dispose of them. Unless a TPO is in place.

Fell it. Then deny all knowledge.

Taken from in brief website

There is no automatic right to light over a garden, although in certain circumstances it may be possible to acquire a right to light to a building, including a greenhouse.

Sometimes the title documents (the deeds) relating to a property will contain a right to light, although any such rights are generally confined to buildings. If the title documents do contain such a right and the right is interfered with it may be possible to enforce the right by way of bringing proceedings through the Civil Courts.

Title documents also sometimes contain covenants restricting, for example, the planting of trees. If such a covenant is breached an action for breach of covenant may be pursued through the Civil Courts.

If a tree is over the height of 2 metres it may be possible to seek redress under the Trees and High Hedges Act 2005.

South Yorkshire housing ass denied knowledge.

I still say this tree is on multiple housing land.

---------- Post added 11-06-2016 at 09:23 ----------

No permission required to cut overhanging branches, and if they don't want the cuttings he can just dispose of them. Unless a TPO is in place.

It's a big tree. I can't personally cut branches. It looks an expensive job tbh