Neighbours trees and drains

[Mary Green]

Hi

My neighbour has three sycamore trees in a small front garden. They are right on the border of their land. I have asked for them to be cut back as they shade my garden for most of the day. Neighbours say they will cut them but alas never do.

I am concerned as one of the trees trunks is about 80% over my boundary. Ideally I would like to cut it down but not sure what my rights are and also do not wish to upset the neighbours.

However, the other issue is that I know the main drains for the street go under our front gardens about 6ft away from this sycamore tree that is mainly on my land now. Does anyone know if this tree's roots are likely to damage the drains, and if it does who is responsible - the 'owner' of the tree of the person who has most of it on their land even if they do not 'own it'?

Any information would be appreciated.

[Cotham Marble]

Originally Posted by Mary Green

My neighbour has three sycamore trees in a small front garden. They are right on the border of their land. I have asked for them to be cut back as they shade my garden for most of the day. Neighbours say they will cut them but alas never do.

I am concerned as one of the trees trunks is about 80% over my boundary. Ideally I would like to cut it down but not sure what my rights are and also do not wish to upset the neighbours.

However, the other issue is that I know the main drains for the street go under our front gardens about 6ft away from this sycamore tree that is mainly on my land now. Does anyone know if this tree's roots are likely to damage the drains, and if it does who is responsible - the 'owner' of the tree of the person who has most of it on their land even if they do not 'own it'?

Any information would be appreciated.

You are entitled to cut any growth that extends to your side, over the property boundary - providing that a) you ask the neighbours if they wish to have the cuttings and b) you give them all the cut material if they indicate they want it. You are not entited to just dump it in their garden.

Where a large tree is involved, simply cutting back to the property boundary may be unsatisfactory because the tree will be poorly shaped. You may have better luck with progress if you suggest to your neighbour that you share the cost of tree surgery - and offer to organise getting quotes etc, appointing the contractor etc.

Your concern about the roots affecting a sewer is well based, but your question is not easily answered and I strongly suggest you get some legal advice related to your specific situation - your local Citizens Advice Bureau should be able to assist, at least in setting out the principles that affect you. It may be that if you can show your neighbour that they may at risk of exensive repair costs to the sewers, then they may well be willing to see the trees felled and sort the problem once and for all.

CM

[Meta menardi]

I will not pretend this is the 100% correct answer, but drain damage is much more common in field and land drains as they are not water proof, and Willow is a much worse tree for doing the destroying and blocking. If your sole problem is shading from the trees rather than the overgrowing of your garden, you have no right to lack of shade.

It is a complex subject, trying to live with the situation is the best solution. Trimming trees often leads to compensatory growth, you cut some off and the tree responds by growing harder.

[Cotham Marble]

Originally Posted by Meta menardi

I will not pretend this is the 100% correct answer, but drain damage is much more common in field and land drains as they are not water proof, and Willow is a much worse tree for doing the destroying and blocking. If your sole problem is shading from the trees rather than the overgrowing of your garden, you have no right to lack of shade.

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Field and land drains are far more prone to root invasion than domestic drains and sewers simply because field and land drains are not constructed as wholly sealed systems. And certainly Willows are highly invasive of any type of drainage system. However the roots of all tree species pose a potential for invasion and blockage of adjacent drainage and rot invasion is the cause of up to half of all sewer blockages. Anyone who shares a sewer with a neighbour where there are trees adjacent to the sewer should make sure they know whether the sewer is private or public - if it is private then liability for the costs of repair is likely to be shared between all the properties served by that sewer, whether or not the blockage occurs on just one property. If there is genuine concern then get proper advice.

While there is no general 'right to light', this does not mean that no one has any legal entitlement not to be shaded. Conditions attached to deeds may well impose restrictions on the height of buildings, fences, hedges and trees, so it's worth looking at the property documents of all the parties involved. Documents can be downloaded at a small cost from the Land Registry, unless the property hasn't been sold in that last two decade in which case the documents may not be available. Even if the deeds don't give protection to adjacent properties, there may be rights accorded to the owner of the Land Rent which limits tree/fence/hedge height, or even restricts the planting of trees. And if the adjacent property is owned by a social landlord, then the occupier will not have the final say in any issues affecting boundaries or matters of cross boundary concern. The online Garden Law forum is probably better suited to detailed discussion of these issue than is WAB Garden Law Discussion :: Index

CM