I see that the Plymouth man with his leylandii is making waves in the news. The BBC have been making noises about him wanting privacy as if this is a bad thing… I have no problem with him wanting privacy – it is a good thing. However, the issue of property rights is not always as simple as Mr Alvand would have us believe:
I am a law-abiding citizen and I have suffered for 20 years being chased over my wall and trees. It’s my land.
Indeed it is and his neighbours have no place telling him what to do with it. However… Property rights do not extend to adversely affecting the property of others. The 12 foot wall he built at the back of his property was directly alongside his neighbour’s property – and his claim that it was a greenhouse is stunning in its absurdity. At that height, it would have reduced light to his neighbour’s property.
The Leylandii are affecting the lawn in his neighbour’s property – probably due the the damned things sucking every drop of moisture from the surrounding soil, they reduce the light and who knows what damage the root system of such large trees will be doing to the three houses directly affected.
So, given that I agree with Mr Alvand’s general statement about property rights, if I lived next door, I’d get the overhanging branches cut and issue Mr Alvand with the bill. I would also remove any roots that extended into my property. Property rights are a two-way thing and Mr Alvand is taking the piss.
I think you are perfectly entitled to cut down any branches that overhang your property, but it needs to be at your OWN expense, doesn’t it?
Within reason, yes, but this man is clearly not being close to reasonable. While cutting off the odd branch doesn’t cost anything, taking down branches from trees that tall will encounter a pretty big expense. You can’t just nip out with a pair of shears or a pruning saw.
Even then, the sheer height will still block out light and the roots will still suck the moisture out of the soil making it impossible to grow anything nearby. I know, I’ve experience of these bloody things. So, yeah, I’d send him the bill and pursue him through the small claims if necessary – it’s not the winning (because I probably wouldn’t), it’s sending the message.
The other cost he is imposing on his neighbours is the possible undermining effect of the roots.
It is a two-way thing, as you say. Reason and reasonableness.
If someone’s trees were sucking the life out of my land, then I would dig a trench and cut the roots.
Height and light is trickier, as there is no real “right to light”, but if you did something that was unnecessary and basically reduced the neighbouring property to dust, then that is another thing.
I had a false acacia that was very vigourous and grew a beautiful crown of lush, light green leaves which gave us privacy, but to me it means £400 every few years to get it managed so it does not cast a massive shadow over everybody else. The tree has bee n cut down by the new owners. What else to expect – they put in UPVC fake sash windows, the shits.
And that’s the point – reasonable people manage their foliage so as not to intrude on others.
If you want that degree of privacy, why live in a suburban semi?
Mrs L made that very point.
Thank goodness I live in shoebox in’t middle ov road.
Had these down 1 side of my house. Cut down all 31 of the buggers.
Having seen the cracks in my drive that ran parallel, my main concern would be a subsiding house rather than a dead lawn.
You can cut overhanging branches, but must leave them on the owners property after doing so.
Personally, in this case I might resort to a long series drill and some old engine oil late one night.
“he tree has bee n cut down by the new owners.”
A strong wind half-toppled my mother’s false acacia – tree surgeon cut it up for us, but the suckers still appear on her lawn, and it’d grown a nice, fluffy new crown when I last saw it!
Tough trees…
I was in an absurd back-to-front position with my neighbours last year. I’d been landed with a rampant leylandii hedge and wanted to cut it down as I don’t have the physical strength to cut through branches that became very thick very quickly in order to keep it at the local legal height of 4 feet. My neighbours objected (they liked the greenery). They kept moaning and shoving notes through the letterbox. They even had a stand-up row with the guys taking the hedge out. The only way I found to shut them up was to say the roots would damage their sewage pipes and foundations. They haven’t spoken to me since. So not all bad.
Enforce your property rights – trench – cut roots and block cut as high vertically as you can.
Not sure about chemical blocking (eg Blue Vitriol – Copper Sulphate) as copper may creep into roots on his side, poisoning the trees.