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tree hieght help

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suzanneb | 11:26 Thu 10th May 2007 | Law
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im looking for any advice or information regarding the height restriction of trees. we have recently moved into a house with a small garden, which we rent from a housing association. our garden is fenced off and there is a alleyway which runs along the back of our house for access to our back gate (which the council is responsible for) this is also fenced all the way down, behind this fence are five huge fir trees, they are at the bottom of the gardens of 2 private houses we back onto. however the trees are that tall they are just past our roof in height and also big in diameter we only get about 2 hours sun in our garden in the morning and 1.20 hrs in the evening as the sun is shaded off because of the trees, i have also re washed loads of clothes as there is a lot of bits falling from the trees. we are finding it impossible to take our 6month old baby in the garden as he is forever getting bits of dead fir tree on him and at 6months old hes constanly putting everything to his mouth. it blocks out all out light from mine and my neighbours. ive spoken to my housing assoc. who insist i go into contact with the owners of the trees myself first to see what they are prepared to do about cutting them, but i just wanted to know if there are any rights we have first....help please
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The trees sound like leylandii and there has been a great deal of fuss about these trees in the last couple of years. They grow like mad and create the problems you are having.
Legislation has made it possible to compel neighbours to reduce them to a reasonable height. See a solicitor for a free consultation and you will be given the facts.
Good luck
There is 'high hedge' legislation in place, which applies to evergreen trees and shrubs. However, this normally relates to hedges which form a boundary between two properties, whereas you state that these trees are on the other side of the boundary.

That legislation doesn't give you the right to demand that the trees are cut back. It simply allows you to apply to your local council for them to make a 'high hedge' order, requiring that the height of the trees is reduced. You have to pay a fee to the council to make such an application and they will only grant it if you can show that the height of the trees causes serious inconvenience to you and that you've already attempted to resolve the dispute with your neighbour.

See here for further information:
http://www.direct.gov.uk/en/HomeAndCommunity/W hereYouLive/NoiseNuisanceAndLitter/DG_10029999

Chris

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