My neighbour is cutting down all the beuatiful trees along the border. This is the main breeding period for most garden birds that make their nests in trees and hedges. Garden Law is for general information only and does not constitute professional advice. 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? Remember that very few conifers grow out of brown wood so do not cut too far into the the sides. Hi you do not need permission from the council, unless the tree has a protection order, which I doubt your conifer does. by Holst2 » Sun Apr 19, 2015 3:44 pm, Post What if the tree falls over after I cut the roots? If they proceed, and you know there is an active nest at risk, contact the police on 101, and ask for a reference number. This applies to all birds, including pigeons, crows etc. Hedges, the Law, rules and regulations . He claims as I didn't stop him his actions were legal. Any species can be protected, but no species is automatically protec… More info here http://www.trees.org.uk/Help-for-Arborists/Treeworks-and-nesting-birds. by Roblewis » Sun Apr 19, 2015 9:12 pm, Post He has already cut down the limes and next he will be cutting down three 50foot conifers (Leylandi ??) Answer: All wild birds are protected. It is my fence panel. 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. He has already cut down the limes and next he will be cutting down three 50foot conifers (Leylandi ??) This protection is particularly important where trees are under threat. It’s against the law to disturb nesting wild birds. What the law says on trimming hedges. by MacadamB53 » Sun Apr 19, 2015 7:42 pm, Post Wonder if anyone knows how you stand legally re cutting a neighbours plant. 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. Even Fred Dibnah could not guarantee which way a chimney might fall even with all his experience. If it's his fence he can do what he likes. THEY'RE known as ''spite hedges'': strategically planted shrubbery intended to block a neighbour's light or view. The penalty can be a £5,000 fine and possibly imprisonment. by arborlad » Mon Apr 20, 2015 1:14 pm, Post 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.) by Holst2 » Sun Apr 19, 2015 7:52 pm, Post Hedges: nuisance and overgrown. Using Caustic Soda. See our Care section for advice on how and when to trim your Leylandii hedge. Garden Law Discussion. when owner refuses to cooperate. Every summer it blots out light across a large part of our garden. I remember one year they had to leave a tree behind at Chelsea because a blackbird had nested in it. But however, where I am may be lost.”, http://www.trees.org.uk/Help-for-Arborists/Treeworks-and-nesting-birds. My garden's just beginning to bloom - and so is my neighbour's tree. Hi all, Ive been asked to cut back a connie hedge in a conservation area. I dont want another wayward tree to hit my bungalow or shed. Trees and the Law ; Cutting back conifers in C/A Sign in to follow this . It is however always best to discuss with your neighbour about any trees / hedges you wish to cut back before doing so. 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. Great stuff. Top. Before you start to cut the hedge, check there are no birds’ nests currently in use. 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. Then he laughed and said I wouldnt get anything as he had no money. I got up this morning to find that my trees had been basically chopped down. Trees are even more unpredictable that is why tree surgeons do not follow this method in most situations. My neighbour is cutting down all the beuatiful trees along the border. 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. by Roblewis » Mon Apr 20, 2015 7:27 pm, Post ¨I can only speak for the process in Andalusia but would hope it's the same everywhere. Thats the sort of person he is. 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? ; Is within a designated Conservation Area - permission from the Council - See contact details below. You will have to trim them back about twice a year. In most cases, you do not need permission to plant a hedge on your property but you are responsible for looking after the hedge. 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. First nest we've had in there since it was planted as tiny whips 12 years ago. 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? ... Reducing the height of a conifer hedge isn’t going to need a 211 notification provided it comes under the description of routine maintenance. Under the Wildlife & Countryside Act 1981 (as amended), it … If part of the Leylandii hedge grows over the boundary (foliage or roots), owners of the … If you have seen birds in it i'd leave it. 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. Yes it is but you do not use that action alone to fell a tree safely in a controlled manner. by Holst2 » Sun Apr 19, 2015 4:14 pm, Post Possibly ... people complain enough when farmers flail hedgerows at the wrong time of year. Garden Law Discussion. However, legislation now gives people whose gardens are overshadowed the opportunity to resolve the problem with the help of the local council. Hello. 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 … In addition you must offer to return the timber and any fruit attached Conifers do not re-grow from the base so if you leave it, it will rot away in time. 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. Tall hedges can be a nuisance, especially where neighbours can’t agree on a suitable height amicably. next to my bungalow They are all about 8 feet from my shed and fence. All wild birds, their young, their eggs and active nests are protected under UK law. Hello. I had a chain saw to cut logs up, that was using it at ground level, I wouldnt risk it up a tree. 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. This includes their nests (whilst in use or being built) as well as any eggs the nest may contain. Question: Can I trim, cut, lay or coppice a hedge at any time of year? As well as rights, you have the same liabilities as for cutting off branches. I get any tree work done in February. 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. Once a tree is given a TPO it remains binding no matter who owns the land. 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 11:44 am, Post If a neighbour's tree is blocking your light you cannot force them to cut it down. I told him to stop but being an octoganarian my words were ignored, he claims I said nothing. The responsibility for boundary hedge cutting is shared. ). 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. As long as the tree is safe and is not causing damage, your neighbour is entitled to grow the tree. The strict legal position is farcical and action on the strict legal position is not recommended. Is it against the law or just politically incorrect to cut down large conifers in the nesting season. An incompetent person may well choose an inapropriate method. Some years ago my neighbour planted some conifers as a hedge between his and our back gardens. They said they would do no more until the nesting season was over and i happily agreed. By Carl1991, March 7 in Trees and the Law. He doesnt seem competent as evidenced by the first wayward tree that fell on my fence. pretty sure it comes under  the " wildlife and countryside " Act. I want to cut down/prune a tree in my garden, do I need permission? You are free to cut back roots or branches that are within your property’s boundaries. - George Bernard Shaw. They cut down all the trees, put 'em in a tree museum and charged all the people just to see 'em September and October can be a good time to do such work on conifers though. 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. by MacadamB53 » Sun Apr 19, 2015 8:44 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. 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 … It is an offence to cut down a hedge or tree intentionally or recklessly whilst there are birds nesting in it. 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. Both you and your neighbour should be trimming each other’s respective side of the hedge. Remember that very few conifers grow out of brown wood so do not cut too far into the the sides. If the tree in your garden can be seen and therefore enjoyed by the public it could potentially have a TPO placed upon it. You MUST read the disclaimer (below) BEFORE using the forum. They are now absolutely HUGE, over 25ft i'd say and they block out the light to my back garden. Some years ago my neighbour planted some conifers as a hedge between his and our back gardens. 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. 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. 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. by MacadamB53 » Sun Apr 19, 2015 5:13 pm, Post A “high hedge” that can be a subject of a complaint is considered any hedge that is over 2 metres tall. 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. chopping down, ok we know you mean sawing them What size are they? 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. Some birds' nests are incredibly tiny and impossible to see in a standing conifer. 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. When pruning conifer hedges always take the central leader down about 6" below the top of where you want to keep the hedge at. by MacadamB53 » Mon Apr 20, 2015 8:16 pm, Powered by phpBB® Forum Software © phpBB Limited. Who owns the fence? by Holst2 » Sun Apr 19, 2015 5:53 pm, Post Reckless is a term often used in legal definitions. Yes, best to wait. Against the law !!!! It is mostly concerned neighbours that 'tell' on people if they see it in time to stop it. Your only hope is an injunction issued asap to stop further felling until a safe method of felling is agreed. This allows the rest of the surrounding stems to grow. ... 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. I'd leave it even if you haven't. This applies to all birds, including pigeons, crows etc. The penalty can be a £5,000 fine and possibly imprisonment. A countryside hedgerow is a boundary line of bushes which can include trees. As mentioned above balance is also key to the final direction. how do the police/council know what your doing? However, you’re only allowed to trim the growth on your property. I'm suprised that a tree surgeon would consider removing them at this time of the year. And prior consent from the local authority is required if the tree has a TPO or is within a Conservation Area. It is a tragedy what hes doing. TPOs are administered by Local Planning Authorities (LPA) (e.g. 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. Cutting back trees You have a common law right to cut back tree branches that overhang onto your property. Hi from Kingswinford in the West Midlands, "We don't stop playing because we grow old; we grow old because we stop playing." ; The property is rented - permission from the landlord Important laws on cutting the boundary hedges that you should be aware of: The “high hedge” restriction. 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. When pruning conifer hedges always take the central leader down about 6" below the top of where you want to keep the hedge at. Yes, if the tree: Is covered by a Tree Preservation Order - permission from the Council - See contact details below. Post It is an offence to cut down a hedge or tree intentionally or recklessly whilst there are birds nesting in it. 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