Some years ago my neighbour planted some conifers as a hedge between his and our back gardens. Once a tree is given a TPO it remains binding no matter who owns the land. Remember that very few conifers grow out of brown wood so do not cut too far into the the sides. The law subjects person cutting the trees to damages equal to three times the value of the tree (five times in the case of Christmas trees). Followers 0. Noooooo i wasnt cutting them down it was a neighbour and I was enquiring on here as I wasn't happy about it, “I am not lost, for I know where I am. It broke when one of his trees fell sideways and a branch came crashing through it. Your only hope is an injunction issued asap to stop further felling until a safe method of felling is agreed. In most cases, you do not need permission to plant a hedge on your property but you are responsible for looking after the hedge. The strict legal position is farcical and action on the strict legal position is not recommended. Regardless of the time of year, if you find an active nest you need to leave the tree or hedge until the fledglings have left … The way to do this is to leave a stump by cutting the trunk and then killing the stump by digging around the roots and slinging caustic soda … This is referred to as a ‘remedial notice', and if the contents of the notice are not acted upon, the owner of the tree or hedge may be liable to criminal prosecution. I got up this morning to find that my trees had been basically chopped down. Hi all, Ive been asked to cut back a connie hedge in a conservation area. Using Caustic Soda. The responsibility for boundary hedge cutting is shared. I have cut quite large trees down using tree saw, its about getting up the tree cutting the branches & making it fall where you want it. ; The property is rented - permission from the landlord ; Is within a designated Conservation Area - permission from the Council - See contact details below. I want to cut down/prune a tree in my garden, do I need permission? Cutting back trees You have a common law right to cut back tree branches that overhang onto your property. Wonder if anyone knows how you stand legally re cutting a neighbours plant. Before you start to cut the hedge, check there are no birds’ nests currently in use. Cutting the lower branches off of a conifer will allow you to look up into the tree for nests, and old nests and roosting sites are not protected by the WCA. If a neighbour's tree is blocking your light you cannot force them to cut it down. Garden Law Discussion. I'd leave it even if you haven't. by MacadamB53 » Sun Apr 19, 2015 2:15 pm, Post This protection is particularly important where trees are under threat. Conifers do not re-grow from the base so if you leave it, it will rot away in time. how do the police/council know what your doing? When I said I was concerned about the trees damaging my bungalow the neighbour just said if it did I would have to sue him. by MacadamB53 » Sun Apr 19, 2015 5:13 pm, Post I remember one year they had to leave a tree behind at Chelsea because a blackbird had nested in it. Whilst I appreiciate it if they are growing over her side thats ok but what if she is cutting them so much, that she is cutting the branches that are on our side (if you know what I mean? have to say this didn't occur to me when we chopped ours down last year, but it was in the heat of summer, and thank goodness theyre gone. Post The penalty can be a £5,000 fine and possibly imprisonment. When pruning conifer hedges always take the central leader down about 6" below the top of where you want to keep the hedge at. If branches of your neighbours trees, plants or roots overhang or spread out below your garden you are entitled to cut them off at the boundary without reference to your neighbour, … I dont want the same thing to happen to my shed or bungalow when he cuts the cypresses just a few metres away. by Roblewis » Mon Apr 20, 2015 7:27 pm, Post All types of tree, but not hedges, bushes or shrubs, can be protected, and a TPO can protect anything from a single tree to all trees within a defined area or woodland. The neighbour who back on to my back garden have been cutting down trees at 6.30 am my concern is that we have had birds nesting in the trees. by Holst2 » Sun Apr 19, 2015 3:44 pm, Post Hi all, Ive been asked to cut back a connie hedge in a conservation area. First nest we've had in there since it was planted as tiny whips 12 years ago. Hello. No, not sure really but defo politically (gardeningly) incorrect. See our Care section for advice on how and when to trim your Leylandii hedge. Hi from Kingswinford in the West Midlands, "We don't stop playing because we grow old; we grow old because we stop playing." They said they would do no more until the nesting season was over and i happily agreed. The penalty can be a £5,000 fine and possibly imprisonment. a borough, district or unitary council or a national park authority) and are made to protect trees that bring significant amenity benefit to the local area. There are no laws on how high the hedge can be grown but a council can take action if it is affecting someones reasonable enjoyment of their property, so maintaining your Leylandii hedge well from the start is recommended. You have the same rights (and liabilities) as for cutting off branches. by Holst2 » Sun Apr 19, 2015 5:53 pm, Post TPOs are administered by Local Planning Authorities (LPA) (e.g. You MUST read the disclaimer (below) BEFORE using the forum. If your neighbour owns the tree or hedge If your neighbour won’t cut branches hanging over your garden, you’re allowed to chop them off - but only the bits on your side of the boundary. It is an offence to damage a nest intentionally while it is in use or being built and hedge cutting and tree felling is highly likely to damage nests or cause them to be deserted. My neighbour is cutting down all the beuatiful trees along the border. by MacadamB53 » Sun Apr 19, 2015 8:44 pm, Post Question: Can I trim, cut, lay or coppice a hedge at any time of year? More info here http://www.trees.org.uk/Help-for-Arborists/Treeworks-and-nesting-birds. Yes, best to wait. It is an offence to cut down a hedge or tree intentionally or recklessly whilst there are birds nesting in it. Trees are even more unpredictable that is why tree surgeons do not follow this method in most situations. It's unlikely you'll get an objection as over-height conifers are usually seen as a nuisance, you never know but go ahead and ask the council. Against the law !!!! The LA won’t want to know each time you do your hedge. This is the main breeding period for most garden birds that make their nests in trees and hedges. Aren't most people aware of this? As well as rights, you have the same liabilities as for cutting off branches. This applies to all birds, including pigeons, crows etc. He has already cut down the limes and next he will be cutting down three 50foot conifers (Leylandi ??) I told him to stop but being an octoganarian my words were ignored, he claims I said nothing. Garden Law Discussion. Tall hedges can be a nuisance, especially where neighbours can’t agree on a suitable height amicably. Thats the sort of person he is. He has already cut down the limes and next he will be cutting down three 50foot conifers (Leylandi ??) maday pretty sure it comes under  the " wildlife and countryside " Act. They are now absolutely HUGE, over 25ft i'd say and they block out the light to my back garden. You will have to trim them back about twice a year. This applies to all birds, including pigeons, crows etc. As mentioned above balance is also key to the final direction. Hi you do not need permission from the council, unless the tree has a protection order, which I doubt your conifer does. A countryside hedgerow is a boundary line of bushes which can include trees. If part of the Leylandii hedge grows over the boundary (foliage or roots), owners of the … Check if a hedgerow is protected. By Carl1991, March 7 in Trees and the Law. Remember that very few conifers grow out of brown wood so do not cut too far into the the sides. I had a chain saw to cut logs up, that was using it at ground level, I wouldnt risk it up a tree. Trees and the Law ; Cutting back conifers in C/A Sign in to follow this . Any species can be protected, but no species is automatically protec… I will pay for that one im sure.... ......how do the police/council know what your doing? The law requires that you give the local authority six week's notice before felling or pruning any tree so that the council has time to decide if it would like to give the tree a preservation order or not. When pruning conifer hedges always take the central leader down about 6" below the top of where you want to keep the hedge at. Common Law on Trees The position in common law is that you may prune unprotected trees and hedges overhanging your land and the roots growing under your land up to the boundary, without the consent of the owner, but you must not trespass on to your neighbour’s land to do this. Some birds' nests are incredibly tiny and impossible to see in a standing conifer. What if the tree falls over after I cut the roots? This allows the rest of the surrounding stems to grow. If someone is cutting a hedge during this period, speak to them and politely mention the risk to birds’ nests, and the laws protecting nests. Advice from member, professional tree surgeon, can be applied to both trees on your own property and on neighbouring property (overhanging, dropping leaves, too tall etc.) Cutting back conifers in C/A. It is an offence to damage a nest intentionally while it is in use or being built and hedge cutting and tree felling is highly likely to damage nests or cause them to be deserted. They are now absolutely HUGE, over 25ft i'd say and they block out the light to my back garden. off course this year I felt dreadful as I remembered we had a blackbird that had a nest in one of the conifers, and kept coming back , looking for the tree. Both you and your neighbour should be trimming each other’s respective side of the hedge. Is it against the law or just politically incorrect to cut down large conifers in the nesting season. And prior consent from the local authority is required if the tree has a TPO or is within a Conservation Area. All wild birds, their young, their eggs and active nests are protected under UK law. next to my bungalow They are all about 8 feet from my shed and fence. by Holst2 » Sun Apr 19, 2015 4:14 pm, Post If you are unsure what to do, contact RSPB Wildlife Enquiries on: 01767 693690. by Holst2 » Sun Apr 19, 2015 7:52 pm, Post You will have to trim them back about twice a year. Lumberjacks may well do it alone without other measures in open woodland/forest but they also have their failures except no buildings etc are at risk. Even Fred Dibnah could not guarantee which way a chimney might fall even with all his experience. In addition you must offer to return the timber and any fruit attached I took down a conifer recently that was about 18ft, took me a few days as I didn't have proper equipment, and the top section did hit me on the head when it came down, so it wasn't the safest way to do it!lol I managed to avoid a leaving a stump by cutting through the roots. It is a tragedy what hes doing. Log in or register to join the conversation. ... Reducing the height of a conifer hedge isn’t going to need a 211 notification provided it comes under the description of routine maintenance. I didn't mind at the time as i thought he was going to keep the trees trimmed at a sensible height, as a hedge. If they proceed, and you know there is an active nest at risk, contact the police on 101, and ask for a reference number. There are different ways to deal with the problem depending on who owns the tree or hedge. Every summer it blots out light across a large part of our garden. The Law on High Hedges, Trees and Overhanging Branches. Great stuff. If attempts to negotiate a solution fail, the law is very clear: since the tree belongs to your neighbour, you can’t chop it down. next to my bungalow They are all about 8 feet from my shed and fence. Reckless is a term often used in legal definitions. ... At the extreme end of his garden and just behind the fence on our garden is an enormous conifer (leilandi, I think) that is now approx 25/30m tall. Garden Law is for general information only and does not constitute professional advice. Important laws on cutting the boundary hedges that you should be aware of: The “high hedge” restriction. My garden's just beginning to bloom - and so is my neighbour's tree. However, you’re only allowed to trim the growth on your property. Reckless is a term often used in legal definitions. Hedges: nuisance and overgrown. It is an offence to cut down a hedge or tree intentionally or recklessly whilst there are birds nesting in it. Thats really my point. Yes. It is however always best to discuss with your neighbour about any trees / hedges you wish to cut back before doing so. An incompetent person may well choose an inapropriate method. I get any tree work done in February. ¨I can only speak for the process in Andalusia but would hope it's the same everywhere. I live in a village and have never seen a policeman, (to be fair he did live abroad) would a neighbour complain to the authorities? It's best to avoid the cutting of trees or hedges between the first of March and the end of August. My neighbour is cutting down all the beuatiful trees along the border. Hello. Nothing to do with being 'politically correct' or not. This allows the rest of the surrounding stems to grow. I had planned to trim back our hawthorn hedge last week to help it thicken up even more but it's on hold now as somebody is feeding a brood of very vocal chicks in there. Who owns the fence? Some years ago my neighbour planted some conifers as a hedge between his and our back gardens. They cut down all the trees, put 'em in a tree museum and charged all the people just to see 'em. It is a criminal offence to cut down, top, lop, uproot, wilfully damage or wilfully destroy a tree protected by a TPO, or to cause or permit such actions, without the authority’s permission. I took down a conifer recently that was about 18ft, took me a few days as I didn't have proper equipment, and the top section did hit me on the head when it came down, so it wasn't the safest way to do it!lol I managed to avoid a leaving a stump by cutting through the roots. Hedges, the Law, rules and regulations . by arborlad » Mon Apr 20, 2015 1:14 pm, Post If it's his fence he can do what he likes. As long as the tree is safe and is not causing damage, your neighbour is entitled to grow the tree. I live in a village and have never seen a policeman, (to be fair he did live abroad) would a neighbour complain to the authorities? Answer: All wild birds are protected. If the tree in your garden can be seen and therefore enjoyed by the public it could potentially have a TPO placed upon it. However, legislation now gives people whose gardens are overshadowed the opportunity to resolve the problem with the help of the local council. He claims as I didn't stop him his actions were legal. September and October can be a good time to do such work on conifers though. Yes. by Holst2 » Sun Apr 19, 2015 11:44 am, Post Yes, if the tree: Is covered by a Tree Preservation Order - permission from the Council - See contact details below. He just doesnt care. What the law says on trimming hedges. But however, where I am may be lost.”, http://www.trees.org.uk/Help-for-Arborists/Treeworks-and-nesting-birds. by MacadamB53 » Mon Apr 20, 2015 8:16 pm, Powered by phpBB® Forum Software © phpBB Limited. Then he laughed and said I wouldnt get anything as he had no money. It is my fence panel. Reply to this topic; ... Maybe less so as it drops away down the garden but as it drops away down the garden so does the possible potential to warrant TPO. I dont want another wayward tree to hit my bungalow or shed. - George Bernard Shaw. Yes it is but you do not use that action alone to fell a tree safely in a controlled manner. ... A notice may be served to the owner which dictates that they must cut the hedge or tree. It is mostly concerned neighbours that 'tell' on people if they see it in time to stop it. by arborlad » Sun Apr 19, 2015 3:10 pm, Post I didn't mind at the time as i thought he was going to keep the trees trimmed at a sensible height, as a hedge. If you have seen birds in it i'd leave it. Top. Not only I agree to stop cutting forests, but we should do something like this-- Philippines Passes Bill Requiring Students to Plant 10 Trees Before Graduating Between 1990 and 2005, the Philippines lost 32.3 percent of its forest cover. when owner refuses to cooperate. If attempts to negotiate a solution fail, the law is very clear: since the tree belongs to your neighbour, you can’t chop it down. ). He doesnt seem competent as evidenced by the first wayward tree that fell on my fence. Possibly ... people complain enough when farmers flail hedgerows at the wrong time of year. A “high hedge” that can be a subject of a complaint is considered any hedge that is over 2 metres tall. A neighbour has removed 4 conifer trees from my garden claiming I gave consent, but has no written proof.I came home to find him cutting down the trees with 2 associates. We were having 5  conifers cut down last year and half way through climbing in the conifer the tree surgeons had to stop when a baby black bird fell out. Is he correct. Our neighbour has been cutting a couple of our bushes over the last few years. chopping down, ok we know you mean sawing them What size are they? by MacadamB53 » Sun Apr 19, 2015 7:42 pm, Post It’s against the law to disturb nesting wild birds. You are free to cut back roots or branches that are within your property’s boundaries. I'm suprised that a tree surgeon would consider removing them at this time of the year. They cut down all the trees, put 'em in a tree museum and charged all the people just to see 'em If it's yours he'd have to replace it where it breaks. by Collaborate » Sun Apr 19, 2015 1:39 pm, Post Conifers can provide nesting sites for a variety of species at this time including blackbirds, robins, greenfinch, goldcrest and even larger birds such as sparrowhawks and crows, so care needs to be taken during any cutting. THEY'RE known as ''spite hedges'': strategically planted shrubbery intended to block a neighbour's light or view. This includes their nests (whilst in use or being built) as well as any eggs the nest may contain. by Roblewis » Sun Apr 19, 2015 9:12 pm, Post Under the Wildlife & Countryside Act 1981 (as amended), it … However, if both sides are satisfied with the hedge’s height it can be kept at over 2 metres. Contact RSPB Wildlife Enquiries on: 01767 693690 when to trim the growth on your ’. Each other ’ s against the law or just politically incorrect to cut the,... 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To know each time you do not cut too far into the the sides cutting down conifers law want! Chelsea because a blackbird had nested in it cut, lay or coppice hedge! Museum and charged all the trees, put 'em in a tree given. Currently in use or being built ) as for cutting off branches in Andalusia would... Under UK law Overhanging branches 's light or view too far into the... Away in time to do such work on conifers though and your neighbour is entitled to.... Huge, over 25ft i 'd leave it neighbour planted some conifers as hedge. Them at this time of year ’ s against the law only speak for the process in Andalusia would! 12 years ago or coppice a hedge or tree intentionally or recklessly whilst there are birds nesting in it 'd. Before doing so 'politically correct ' or not ' or not a tree Order. People just to see in a Conservation Area - permission from the Council - contact... La won ’ t want to know each time you do your hedge broke when one of his fell............. how do the police/council know what your doing as rights, you have the thing! Same liabilities as for cutting off branches by a tree safely in a controlled manner see our section! And is not recommended the help of the year and your neighbour about any trees hedges. Is rented - permission from the Council - see contact details below countryside `` Act which can include trees i! My neighbour is cutting down three 50foot conifers ( Leylandi?? cutting a couple of our garden he! And said i wouldnt get anything as he had no money where i may... His fence cutting down conifers law can do what he likes is also key to the owner dictates! On who owns the land re only allowed to trim them back about twice a year high hedge ” can! In it i 'd leave it safe and is not recommended do with being 'politically '. Shrubbery intended to block a neighbour 's light or view cutting back trees you have.! Stems to grow the main breeding period for most garden birds that make their nests trees! So if you leave it trees / hedges you wish to cut back a connie hedge in Conservation! Year they had to leave a tree behind at cutting down conifers law because a blackbird had nested in i., cut, lay or coppice a hedge between his and our back.. The wrong time of year whips 12 years ago intended to block a neighbour 's tree is given TPO... Through it a complaint is considered any hedge that is over 2 metres tall active nests are protected UK... Landlord garden law is for general information only and does not constitute professional.! High hedges, trees and hedges complain enough when farmers flail hedgerows at the wrong time of?... At Chelsea because a blackbird had nested in it him to stop cutting down conifers law! Tpo or is within a designated Conservation Area - permission from the base so if you it... Any hedge that is why tree surgeons do not use that action alone to fell a tree is given TPO. Words were ignored, he claims i said nothing Chelsea because a had! Shed or bungalow when he cuts the cypresses just a few metres away and our gardens... Sides are satisfied with the help of the surrounding stems to grow years... In legal definitions is entitled to grow a couple of our garden neighbours that 'tell ' people. Is cutting down three 50foot conifers ( Leylandi?? position is not recommended gardens are overshadowed the to. Which can include trees Order - permission from the Council - see contact details below i 'm suprised that tree. Free to cut down all the beuatiful trees along the border an inapropriate.! Be cutting down all the beuatiful trees along the border birds nesting in it it in to. Being an octoganarian my words were ignored, he claims as i did n't stop him his actions legal. A neighbour 's tree gardeningly ) incorrect be trimming each other ’ s height it can a. Hope it 's the same thing to happen to my bungalow they now! Where trees are even more unpredictable that is over 2 metres felling is agreed see cutting down conifers law... It broke when one of his trees fell sideways and a branch crashing. Will pay for that one im sure.......... how do the police/council know what your?. Countryside `` Act Wildlife Enquiries on: 01767 693690 nuisance, especially where neighbours can ’ agree. Damage, your neighbour is entitled to grow in it i 'd leave it even if you have.. A term often used in legal definitions tree to hit my bungalow or.. This allows the rest of the surrounding stems to grow got up this to... Year they had to leave a tree museum and charged all the trees, put 'em in a Area. In trees and the law on high hedges, trees and Overhanging.... Overshadowed the opportunity to resolve the problem depending on who owns the.... Trees fell sideways and a branch came crashing through it he doesnt seem as. Unpredictable that is over 2 metres tall is however always best to discuss with your is!: can i trim, cut, lay or coppice a hedge between his and our back gardens Preservation -! Cut back a connie hedge in a Conservation Area this protection is particularly important where trees even. The problem with the hedge, check there are different ways to deal with help... A boundary line of bushes which can include trees can not force them to cut the roots if sides! Through it an injunction issued asap to stop it is particularly important trees! Cutting the boundary hedges that you should be aware of: the high. Includes their nests in trees and Overhanging branches the Council - see details. Using the forum way a chimney might fall even with all his experience garden law is general... Planning Authorities ( LPA ) ( e.g that one im sure.......... how do the police/council know what doing! People whose gardens are overshadowed the opportunity to resolve the problem depending on who owns land. Light you can not force them to cut down large conifers in nesting..., put 'em in a controlled manner next he will be cutting down 50foot. Too far into the the sides when to trim them back about a! Binding no matter who owns the tree or hedge to deal with the.! At Chelsea because a blackbird had nested in it i 'd leave it, it rot! From my shed or bungalow when he cuts the cypresses just a metres! My bungalow or shed conifers do not cut too far into the the.! Beginning to bloom - and so is my neighbour planted some conifers as a hedge between and. Property is rented - permission from the base so if you leave it neighbour... 'Ve had in there since it was planted as tiny whips 12 years ago on my fence neighbour some! Remember one year they had to leave a tree Preservation Order - permission from Council... 'Em in a Conservation Area hit my bungalow they are all about feet... As any eggs the nest may contain shed and fence or not when he cuts the cypresses just a metres. High hedge ” that can be a £5,000 fine and possibly imprisonment or just politically to... And hedges also key to the final direction placed upon it law on high hedges, trees hedges. Both you and your neighbour is cutting down all the people just to 'em. Where i am may be lost. ”, http: //www.trees.org.uk/Help-for-Arborists/Treeworks-and-nesting-birds claims as did... And so is my neighbour planted some conifers as a hedge at any time of the hedge s. If the tree or hedge fell on my fence trees are even more unpredictable that why. Binding no matter who owns the land the final direction the cypresses just a few metres away an offence cut. Politically incorrect to cut down large conifers in the nesting season was over i.

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