Back of the house is south facing. Garden approx. 8m. width and 8m. length. At the bottom of the garden approx. 2m. from boundary fence there is a weeping willow tree that has grown approx. 9m.tall and 10m.wide. and is starting to block out a considerable ammount of light from the garden. I actually like the tree but not its monstrous size. Have read all the info. at internet site Garden Law and searched back posts on here. But can anyone tell me at what point/height this can be classed as "illegal/causing nuisance". The owners of the tree have a "management company" who are dragging there heels over doing something about it, despite requests for it to be pollarded professionally. A local councillor has been involved to no avail. Any suggestions.
Willow tree blocking out light
- Thread starter Andy165
- Start date
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You don't state, but I infer from your post, that the tree is in your neighbour's garden.
I'm afraid you're on a bit of a loser here. Your neighbours are under no obligation to manage their tree for your benefit; you have no legal "right to light" in your garden; there is no "legal" maximum height to which a tree can be allowed to grow; "nuisance" is a very subjective term, open to interpretation, and is unlikely to extend to issues of shade; and Councils have very limited powers, if any, to intervene in a dispute between neighbours.
Your best bet would be to offer to pay for the pollarding, but if the management co. are uncooperative, there's not much else you can do.
I'm afraid you're on a bit of a loser here. Your neighbours are under no obligation to manage their tree for your benefit; you have no legal "right to light" in your garden; there is no "legal" maximum height to which a tree can be allowed to grow; "nuisance" is a very subjective term, open to interpretation, and is unlikely to extend to issues of shade; and Councils have very limited powers, if any, to intervene in a dispute between neighbours.
Your best bet would be to offer to pay for the pollarding, but if the management co. are uncooperative, there's not much else you can do.
You are right the tree is in the garden area of Sheltered Accommodation Flats. I have had a professional Tree Surgeon out to look at pollarding, but he would not get involved because the tree is not on my property (even if I paid him up front to do it). The tree surgeon has had dealings with the management company before and they try to charge fees for "overseeing" the work. The management company have also told the sheltered housing tenants that they will add the costs of tree pollarding to their service charges if it is to proceed. The tenants have refused to contribute. A couple of years back the tree was crowned professionally but that was not what I wanted as the tree grew even taller. I will try once more to write my request to the management company concerned. Looks like I,ll just have to hope for adverse weather conditions to topple the tree although thats very unlikely. Thanks for the reply.
Incidentally, if the tree was to grow so tall as to interfere with a tv satellite dish, is there any recourse of action ? or are you just expected to get your satellite dish moved at your own cost?
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No. You have no specific right to an uninterrupted TV signal.
That's about the size of it. I'm afraid negotiation is your only option. Or maybe cable TV.
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