Property Disputes Causing Dark Days

January and February seem to be the darkest months of the year, even though the days technically started to get longer in December, and with the current grey skies all across the country, lights are on for most of the day in many homes and buildings.

However, if you are just experiencing the blues because of the time of the year, spare a thought for the people whose days seem to be permanently dark because of trees that, even in the winter, block their light and spoil their enjoyment of their views or garden.

Trees that encroach from a neighbour’s garden seem to be a real bugbear for a lot of people and it’s no wonder when you consider that they can prevent plants from growing or keep gardens cold, not to mention the fear of overhanging branches damaging property or, worse still, the thought of the tree falling on the house in the sort of violent storms we’ve been having of late.

There are things that can be done legally to help with the problem, as long as the trees in question are not protected by a tree preservation order, as if they are, and you chop down, uproot or even prune any part of them without the local authority’s permission, you could be liable to a fine of up to £30,000 or twice the value of the timber of the tree, whichever is greater.

However, assuming that the offending trees are of the common or garden variety, you are allowed to chop off branches that overhang your property, as long as you return the lopped off boughs to the neighbour who owns the tree.

Also, be careful when pruning, as if you damage the tree on your neighbour’s side, they could claim against you for the replacement cost of the tree; it might be worth getting a professional in to do it and always ask or tell your neighbour first, as not doing so could cause aggravation.