Leylandaii

Farmer Pudsey

Neighbour has planted these they will block light onto land has he to keep them cut at 2 metre's height and if he will not can I cut then they are on his property just on the bound's

Procrastastudy

Wasnt this the subject of some massive feud that got out of hand - ended up in court and cost the parties thousands a couple of years back?

Oh just googled it: a court cases, feuds and even a murder - not bad for a hedge!

Have you spoken to your neighbour?

I would be very warey about touching anything on his side of the boundry. Its tresspass and if its on going, it could be nuisance. With damage to the property the liability in nuisance is strict. If I have understood the Kings Inns manual chapter I have nicked correctly (because my notes are crap) the stirct liability under nuisance will be a problem becuase you will be unable to give any justification for doing it. Please do correct me on this - no realy please; my exam is in May

These have their own section in the Anti-social behaviour Act 2003 in the UK. I have no idea what the situation is here. Could the OP claim under nuisance? Does removal of light qualify under the test set out in Connolly v South of Ireland Asphalt Co?

I know I shouldn't say this but I wish researching other areas of the Law was this entertaining.

Mods: pretty please dont close the thread I'm sure he meant to say 'Hypotheticly if' at the start of his post!

Kristopherus

You cannot touch them so long as the entire tree is on his land. But if the tree spreads over your land so as to affect growth underneath, the you may well have other options.

ballsymchugh

GCDLawstudent wrote: »

Wasnt this the subject of some massive feud that got out of hand - ended up in court and cost the parties thousands a couple of years back?

Oh court cases, feuds and even a murder - not bad for a hedge!

Have you spoken to your neighbour?

I would be very warey about touching anything on his side of the boundry. These have their own section in the Anti-social behaviour Act 2003 in the UK. I have no idea what the situation is here.

I know I shouldn't say this but I wish researching other areas of the Law was this entertaining.

it's in the contract i signed when buying in the UK that i'd never plant them! nipping neighbourly tensions in the bud!

Procrastastudy

ballsymchugh wrote: »

it's in the contract i signed when buying in the UK that i'd never plant them! nipping neighbourly tensions in the bud!

It is my sincerest wish that we get a life time of gardening puns out of this thread.

Flincher

GCDLawstudent wrote: »

It is my sincerest wish that we get a life time of gardening puns out of this thread.

I think you're being optimistic. You won't get a lifetime of puns, but maybe two or tree.

jblack

You may have acquired a right to light through prescription, what you cannot do is go onto your neighbour's land to cut down branches that interfere with this right - in Eng/Wal you may, in certain circumstances enter onto land to abate damage.

GCD - careful there, strict liability is not an absolute liability and remember that damage arising from nuisance must be foreseeable as per Wagon Mound and Cambridge Water v Eastern COunties Leather.

stoneill

The tree of the Devil himself!
I found this online:

"Leylandii and the law

In Britain and Ireland, x Cupressocyparis Leylandii is estimated to be the cause of over 20,000 ongoing neighbour disputes. The disputes usually centre on encroachment or the exclusion of sunlight; many of these problems end up in court or worse still, the local accident and emergency room.

Here is the leylandii tree law as it stands in Britain…
• If Leylandii or another form of hedge is encroaching on a neighbour's garden, the neighbours is entitled to trim back the hedge to the boundary themselves, but must return the trimmings to the owner. This law also pertains to Ireland as well.
That solves the sideways growth of the tree for a while, next is the upward growth. You are not entitled without permission to reduce your neighbours tree in height, often done to allow extra sunlight to sites. This is where your people skills will be put to the test as you try to convince your neighbour to top his trees or allow you permission to do so."

Delancey

Many UK local authorities have introduced planning regulations pertaining to these trees such is their potential to cause trouble.

Pkiernan

Early morning, preferably when its hasn't rained for a couple of days.