Conifer Conflicts: Solving the Problem of Neighbouring Trees

The Conifer Conundrum: Navigating Neighbourly Tree Disputes

Having recently moved into a new home, you’re likely eager to transform your garden into a personal oasis. However, the presence of overgrown conifers from a neighbour’s property can quickly cast a shadow over your gardening dreams. Not only do these towering trees diminish sunlight, but they can also contribute to boundary issues and maintenance headaches. This article delves into the common issues arising from overhanging conifers, providing guidance on how to approach the situation with your neighbours, and outlining your rights and responsibilities.

Understanding the Impact of Overgrown Conifers

Overgrown conifers can create a multitude of problems for adjacent properties:

• Light Deprivation: Conifers, particularly when densely planted or left unpruned, can block significant amounts of sunlight. This impacts the growth of other plants, making it difficult to cultivate a vibrant garden. Shade can also create damp conditions which can be a breeding ground for pests and diseases.
• Damage to Structures: The weight of overhanging branches can damage fences, sheds, and even the roof of your house. The roots of large conifers can also exert pressure on the foundations of buildings and underground pipes, leading to costly repairs.
• Debris and Mess: Conifers shed needles, cones, and small branches throughout the year, leading to constant sweeping and garden maintenance. This constant influx of debris can make it difficult to enjoy your garden, especially during the summer months.
• Boundary Disputes: Over time, the growth of trees can obscure property lines and lead to disputes over ownership and responsibility for maintenance. The movement of fences due to tree growth is a common issue.

Addressing the Issue with Your Neighbours

Effective communication is key to resolving neighbour disputes amicably. Here’s a step-by-step approach:

1. Initial Contact:
   • Introduce Yourself: A friendly face-to-face conversation is always preferable to a written note. Introduce yourself to your neighbours and explain the situation calmly and respectfully. Even if you do not know them, this is the first step.
   • Explain the Problems: Clearly and concisely explain the problems you’re experiencing due to the conifers. Focus on the impact on your property, such as the reduced sunlight, the damaged fence, and the ongoing maintenance burden. Make sure to have a clear list of the problems.
   • Express Your Desires: Clearly state what you would like to achieve. For example, you might ask your neighbours to reduce the height of the trees to a maintainable level or to trim overhanging branches.
2. Document Everything:
   • Keep a Record: Document all communication, including dates, times, and the content of the conversation. Keep notes of all discussions and agreements.
   • Photographic Evidence: Take photographs of the trees, the damage they’re causing, and the impact on your garden. This evidence can be useful if further action is needed.
3. Discuss Options and Find a Solution:
   • Be Flexible: Be open to compromise. Your neighbours might have valid reasons for not wanting to remove the trees entirely. Consider alternative solutions, such as pruning the trees to a specific height or trimming overhanging branches regularly.
   • Get Quotes: If pruning or tree removal is required, obtain quotes from qualified arborists. This will help you understand the costs involved and ensure that the work is carried out safely and professionally. Sharing these quotes with your neighbours can help them understand the financial implications.
   • Written Agreement: If you reach an agreement, put it in writing. This should outline the responsibilities of each party, the timeline for the work, and any ongoing maintenance requirements. Both you and your neighbours should sign and keep a copy of this agreement.

Legal Considerations and Your Rights

While amicable resolution is always the preferred option, it is important to be aware of your rights and responsibilities under the law.

• Overhanging Branches: You generally have the right to trim branches that overhang your property, even if the tree is on your neighbour’s land. However, you must offer the branches back to your neighbour. Before undertaking any trimming, check your local regulations as there may be restrictions on the type and extent of pruning.
• Nuisance Trees: If a tree is causing significant damage to your property, such as structural damage, you may be able to take legal action against your neighbour under the law of nuisance. However, you will need to provide evidence of the damage, and demonstrate that your neighbour has been negligent in their maintenance of the tree.
• High Hedges: In some jurisdictions, there are specific laws relating to high hedges that can block light and sunlight. If the conifers form a hedge that is excessively high, you may be able to take action under these regulations.
• Tree Preservation Orders (TPOs): Check with your local council to see if the trees are protected by a TPO. If they are, any pruning or removal work may require permission. It’s important to know if the trees are protected before starting any work.
• Boundaries: Establish the precise location of the boundary. You can check your property deeds or consult a land surveyor to determine the accurate boundary line. This is particularly important if the fence has moved or if there is any uncertainty about where the trees are located.

Maintaining a Healthy Garden Despite Neighbouring Trees

While resolving the issue with your neighbours is the ideal solution, there are steps you can take to mitigate the impact of the conifers on your garden.

• Choose Shade-Tolerant Plants: If you are struggling with light levels, opt for plants that thrive in shade. Many beautiful and interesting plants will grow in shady conditions. Consider hostas, ferns, and impatiens.
• Improve Soil Drainage: Shade can often lead to damp conditions. Improve soil drainage by adding organic matter, such as compost, or by installing a drainage system. Make sure the plants that you are choosing are suited to the soil conditions.
• Prune Your Own Plants: If you have plants that are struggling due to the shade, prune them to encourage more growth. This will help to ensure that they are still healthy, and that the leaves can still access the available sunlight.
• Embrace Vertical Gardening: If space is limited, consider vertical gardening. This involves growing plants up walls, fences, or trellises. Climbing plants, such as clematis and climbing roses, can add colour and interest to your garden.

The Importance of Patience and Persistence

Resolving neighbour disputes can be a lengthy process. Be patient, persistent, and remain open to compromise. Remember that your ultimate goal is to create a garden that you can enjoy, while maintaining a positive relationship with your neighbours. By following the steps outlined in this article, you can increase the likelihood of a successful outcome, and transform your garden into the space you’ve always dreamed of.

Ultimately, dealing with overgrown conifers is often a matter of finding the right balance between your desire to enjoy your garden and maintaining a good relationship with your neighbours. Armed with knowledge, patience, and a willingness to communicate and compromise, you can successfully navigate this common gardening challenge.