邻居院子里的树太茂盛,可以要求邻居修建吗?(回帖送银子)

请教各位果友,我家花园直接和对面邻居的花园连在一起,中间有个矮墙, 在邻居一侧紧挨着矮墙有一颗大树, 很高很茂密,但是树干并不很粗。 我觉得,如果这棵树总也不修剪,会越来越茂盛,树冠越来越大,增加刮大风时被吹倒的可能性。

这棵的树干在邻居的花园一侧,但很多枝叶在上空都是在我的花园里,冬天落叶一地。 请问,我可以要求邻居(其实不是左邻右舍,而是花园接着,从未联系过)将树冠定期做修剪吗?邻居是否有这个义务?如果没有, 我自己可以修剪吗?如果树被封刮倒了,给我的花园和房子造成损失,邻居有责任吗?

多谢!

当然可以跟邻居沟通了,但是你只能是提议,做不做,什么时候做都是人家的事情,超过你家界限的树枝可以减掉扔回邻居一侧,但是前提是你不想搞好邻里关系了。

真的能剪了仍回去?

最好是好好的和邻居达成个互相理解,如果无法沟通,那你完全有这个权利


Your Rights on Trees & Overhanging Branches

http://www.problemneighbours.co.uk/rights-trees-and-overhanging-branches.html

Overhanging Branches

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.

Rules on Hedges & Roots Growing into your Property
http://www.problemneighbours.co.uk/rules-on-hedges-and-roots-growing-into-your-property.html

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.

Over the garden hedge - Gov.uk
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/9413/overgardenhedge.pdf

你直接去敲对方的门,然后问他们介不介意你修剪他们的树。我家花园连接的也是有树,我要建fence,需要剪他家的树,我去问,人家说随便剪,告诉我过界到我家的树我完全可以随便剪。不过我也是剪了的树枝自己收拾了。还有,我家前院的树过到邻居家,我就去邻居家问介意我修剪这一侧的树吗?人家也告诉我 这是我的树 我完全可以随便剪。
其实很简单的事,直接去问吧,好邻居还是不少的,不是所有邻居都奇葩。

多谢大哥!

我其实问的主要是费用的分担,树很高,我自己剪不了,只能请人剪。那么我请人剪树的费用是否可以请邻居出?还是要我全部负担。 我估计剪个树怎么也要500镑吧。

他应该负担费用,但如果他不愿意出,那你只能上法庭了。

Right to Light

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.
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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

沟通是解决很多问题的办法。当然前提是态度要诚恳

我家有同样问题,我问过报价,我家邻居这个树大概有五六米高,很茂密,越过到我家这边差不多有整个树的三分之一,报价大概在200-300,不过我真不知道可以要求邻居付钱。我们也是写信给了那个邻居沟通,他们自己找人来剪的,但是剪的我完全不满意,因为他只是把整个树的上端修剪了一下,根本没有按照我说的把越过我家的全部剪掉,我现在也愁这事儿呢,不想跟邻居闹不愉快,可这个树真是很碍眼很挡光。。。。

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。