We sometimes receive enquiries about the legal situation regarding trees in domestic gardens and try to give some basic guidance. The information given below is offered in good faith to cover some situations in the UK but we can't guarantee that it will apply in all situations. Before taking any of these matters further please check with your local authority or a bona fide legal adviser.
Q A neighbour's tree overhangs my garden, cuts off the light to my house and blocks my path. What can I do about it?
A The first thing to know is whether the tree is covered by a Tree Preservation Order or is in a Conservation Area.. Permission from the Council may be needed in either case to undertake work on the tree so start by contacting the Tree Officer from your local authority. In civil law you can take back to the boundary line any branches that overhang your property from trees not covered by these restrictions. This can be done without informing your neighbour or gaining their permission but it is always better to let them know in advance. In law the timber removed belongs to the owner of the tree and should be offered to them. If you think that a tree blocks off light to your house or garden without overhanging your property then the problem becomes more complicated and you may have to take legal advice after you have spoken to the owner of the tree.
Similar points apply to overhanging fruits which technically belong to the owner of the tree. However you have no right to insist that your neighbours clear up fallen leaves or fruit in your garden.
2 Q Do I need permission to cut down or prune a tree in my garden?
A Again you need to check whether the tree is covered by a Tree Preservation Order or is in a Conservation Area. Contact the Council Tree Officer to clarify this. You will also need permission from the landlord if you are in rented property. If you are in a newly built property trees in your garden may be covered by the original planning permission for up to five years so there may be restrictions as to what you can do.
3 Q My neighbour has a high evergreen hedge which is cutting out my light. Can I make him cut it down?
A The first thing to do of course is to discuss the options with the owner of the hedge. If this fails to produce the result you want then the local authority is empowered to adjudicate. You will need to approach them formally and to pay them a fee. They may dismiss the complaint or issue a formal notice of remediation to the hedge owner to remedy the situation. Usually this means a reduction of the height of the hedge to no less than 2 metres (about 6ft 6in). If the hedge owner doesn't carry out the work the Council can prosecute, issue a fine, and undertake the works themselves and recover costs. Information on this process is available from
http://www.communities.gov.uk/publications/planningandbuilding/overgardenhedge
http://www.communities.gov.uk/publications/planningandbuilding/highhedgescomplaining
4 Q How can I get a Tree Preservation Order made
A This is a legal process which is decided and implemented by your local authority Tree Officers.
5 Q My neighbour has started to cut down a tree. Is he allowed to do this?
A If the tree is not protected (see question 2 above) then he won't need permission unless -
a) the tree is on a joint boundary or access is needed to the adjoining property to undertake the works. Permission under civil law is then needed from the other party or
b) the tree is so large that the work, especially felling, poses dangers to land and property and would therefore require clearance under Health and Safety regulations.
6 Q What can I do if I see someone working on protected trees and I think that they may not have permission?
A Firstly don't take the law into your own hands but approach the owner or tradesperson
politely and ask them whether they know whether the tree is protected and whether they have approached the local authority for permission to work on it. If the situation remains amicable ask whether you can see the written answer from the Council officer. If you don't feel able to do this you can approach the Council tree officers directly to inform them about the situation. If it is out of work hours you should report the matter to the Council as soon as possible on a working day making as many notes of the details as possible. This might help if the Council decides to start a prosecution. You can also approach the police and ask to speak to the wildlife officer if you think that there may be danger to protected species or it is the bird nesting season.
I
No comments:
Post a Comment