If the branches of a neighbour’s tree start to grow over to your side, you can cut them back to the boundary point between you and your neighbour’s property, as long as the tree is not under a tree preservation order. If it is, you’ll need to seek further clarification. However, the branches and any fruit on them which you may have cut down on your side still belong to the tree owner so they can ask you to return them.
It’s a bit of an anomaly really, as while you are obliged to offer the branches back, if any leaves from your neighbour’s tree fall into your garden in autumn, you have no right to ask them to come around and sweep them up.
On the other hand, should the trees be causing SIGNIFICANT damage to your gutters (not just blocking them) you can ask your neighbour to pay to have them cleared or to pay for the cost of any damage they might have caused. If they refuse to do so, you can legally sue them and force them into paying. If you lop off any branches on your neighbour’s (the tree owner) side of the fence, you are not entitled to Gain Access To Their Property to cut off some more. This is trespassing and you could be prosecuted.
Just as with trees, if a hedge borders your property but is solely owned by your neighbour, it is their duty to maintain it even on your side. However, if you come to an agreement whereby you wish to maintain your side, if you trim back any part of the hedge, you should ask your neighbour what he wants you to do with the clippings. If it’s his hedge, you have every right to ask him to dispose of the clippings, although most people will just simply do that themselves. Where roots are establishing themselves on your side of the hedge, you have the right to dig them out but, again, you must ask your neighbour what he wants doing with them.
Neighbouring trees blocking our light: A property we are thinking of purchasing has quite a few trees in the back garden which completely block any sunlight. Some could possibly have preservation orders on them. Is there any way we can have these thinned or removed. Does our right to sunlight override that of a preservation order?
The Rights of Light Act 1959 states that if a Property has received daylight for the last 20 years (the minimum prescribed period), they may be entitled to continue to receive that light. This means that if your neighbour builds a large fence or there are large trees which restrict the daylight your Property receives (for example by blocking daylight reaching a window), you may be able to apply to the courts for your daylight to be restored, or for any injunction to prevent a proposed fence being built.
If trees have a Preservation Order, this suggests that the Property does not have a Right to Light, as it will not have had a continuous period of daylight for at least 20 years. Usually the only way you can prune a tree with a Preservation Order is if it has become dangerous.
[ol]
[/ol] Dangerous Trees
If you are concerned that a tree is diseased or damaged and poses a danger due to having fallen, or being at risk of falling, you should contact the owner of the land on which the tree is growing. If the land belongs to the local council, contact them to request that the tree is cut down or pruned.
If you are unable to contact the land owner or they refuse to take action, contact your local council’s Environmental Health Office. The owner is not under any legal duty to take action, but will be liable if a tree they knew to be damaged caused damage to Property or injury to a person.
As prevention is often better than waiting for damage or injury to occur however, the Environmental Health Office may be able to invoke the Local Government (Miscellaneous Provisions) Act 1976 if the tree poses an immediate risk to Property or people. This allows them to serve notice on the land owner to make the tree safe. If they fail to do so, the Environmental Health Office may undertake this work themselves. The land owner would then usually be charged for any gardening required. http://www.problemneighbours.co.uk/problems-with-neighbouring-trees-action-guide.html
我家情况是反过来的,当时也是邻居说要剪,我们就找了tree specialist来,找过两个,前后一共来了三次商量怎么办,他们能够做的,也是说给你从中间把上面的给砍了,但是说左右那样修剪的,他们也干不了,要么就是直接把树连根砍掉。砍掉的话真的很丑陋,和邻居间的遮挡也没了,另外我们也很喜欢这棵树。我家的不是像苹果树那样的树冠,是一棵跟圆柱体一样的的松柏树,刚好在四家邻居院子交接的那个角落。树冠严格来说在其他三家的院子里都有一部分。
tree specialist的意思就是你别搞了,就这样。反正到现在还没能做什么,实在很纠结不知道怎么搞。