Large trees encroaching into garden

[nickm911]

This is a little different to the typical 'my neighbours trees are hanging over'.

Key points;

• I bought the property in 2021, and the trees were present then. 
• The land is owned by the Nottinghamshire Wildlife Trust, and is whats they call a "Conservation Park"
• The trees are around 40 feet high, and overhang the garden by about 15 feet (about half of the garden).
• I have nothing in the deeds or other documentation that mentions anything about the trees or their upkeep. 
• I emailed the trust last year asking if they could trim the trees so they no longer over hang the garden (I dont really mind the height). Their reply was that they review the review the trees once a year and if they deem them to need cutting, they will. Alternately I can pay for someone to cut the trees back. 

My main concern is damage to people or property. There have been a few large branches fall in the wind, fortunately no damage was done.
Do I have any legal right to demand the trees are cut back?

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Edited June 27, 2023 by nickm911

[BankFodder]

Yes you do. They amount to a trespass and you are entitled to lop the branches until they no longer overhang your garden.

I would suggest that you obtain a quote for this. Two quotes will be better – and then provide them to the Trust and inform them that you have contacted them already, that they have been uncooperative – that you're not prepared to do things according to their timescale.
The on their advice you are preparing to have the trees cut down by your own people that you will be looking to the trust for reimbursement and you are providing to quotations.

If they think they can do a cheaper job then they should respond within seven days and object to the quotations and come up with their alternative suggestions.
Tell them that the quotation will be not only for lopping the branches but also for the removal of the branches from your property and that they will be returned to the trust – once again at their expense.

 

 

You could also say that you prefer to get things done amicably so you are inviting them around for a cuppa tea to discuss the matter and you would suggest that that would be the best way forward

[nickm911]

Perfect. Thank you for the advice. 

I'll get a couple of quotes and write to them as you suggest. 

[nickm911]

how does this look? tree pruning.pdf

[BankFodder]

Purely from a stylistic point of view, you have used the word concern that these five times before I gave up counting.

I wouldn't bleat on about health and safety. It sounds a bit pompous and also invokes rules which you don't particularly know – nor do I.

Simply talk about the danger. Emphasise danger – dangerous condition.

Also, you have drawn their attention to this before and if I were you I'd start off by referring to this. I think it's very important to emphasise that you have tried to deal with them before.

 

Quote

As you know, the issue of the danger posed by the trees which are overhanging my property has been drawn to your attention a year ago and you responded that blah blah blah…

Why haven't you simply got a written report? You should have a written report and quotation. Not simply refer them to a telephone number which they can call

[shoeshopper]

I too have a very overgrown tree overhanging my back fence. I have written to the occupiers (I don’t know if house is owned or rented) on two occasions and politely raised my concerns. I asked that if they were not the owners could they kindly pass on my letters to the owner/landlord; no replies received.

 

Last year I paid tree surgeons to cut down the overgrowth on my side but it has regrown and the tree itself is looking dangerously high, causing a lot of movement in the strong winds we have encountered this year, with some larger branches looking to be on the verge of breaking. I have sought advice from the local council, but again no response so far.

As well as the above, the tree sheds it leaves all over the back area of my garden leaving considerable mess as the leaves rot for me to clear up.

is there any way to go from here please?

[honeybee13]

Hi.

You need to start a new thread of your own please. This one is for advising nickm.

HB

[shoeshopper]

Thank you - have started me thread.