Trees at the back of Fairlawn Park

[Howard Staunton]

My neighbours and I have an issue with a group of trees situated in the communal grounds of the flats of Bryden Close. The trees are situated quite close to the back fences of our Fairlawn Park gardens, and because they have not seen a tree surgeon since God was boy they overhand our gardens, and for some, block out quite a lot of light. I went onto the Lewisham Council website to report the issue and eventually, after some weeks, received the helpful response 'Housing Associations/Housing Providers' . I assume this means it's not their responsibility. I haven't summoned up quite enough will power to telephone the council to try to speak to someone to confirm this and I wondered whether anyone on the forum knows who might be responsible for these communal grounds?

Thanks in advance.

Howard

[JMLF]

I have a similar thing with pretty much the largest/highest tree I’ve ever seen at the back of the garden almost directly behind ours therefore very close to our/neighbours back fence. It’s a large house split into flats I think. Due to the position of the sun it only blocks out sun for a few hours in the late afternoon/evening but I thought I’d do a little digging as was more concerned about the roots maybe messing up anything under the garden/house or a strong wind blowing some stuff down which would fall on houses on our road as some of the branches are so thin and long.
Although I wasn’t exceptionally thorough I was told by the council that there was “no right to light” and unless evidence of it damaging our garden paving/house there is very little that can be done (I guess I could get together with a neighbour and offer to pay for the tree surgeon perhaps?!). Sorry can’t be more helpful/can’t provide more positive news!

[John H]

You have rights under the law.

You are entitled to prune away any branches that overhang. They are trespassing. You should deposit those trimmings on the property where the tree is situated.

A row of trees constitutes a hedge. There is a statutory limit to the height of hedges of 14 feet. You can insist those trees are cut down to that height.

I had a massive tree to the rear of my property. The old couple that used to live in the property could not maintain it. They died and the house was bought, redeveloped and a new owner moved in. He initially pruned the tree and then, to our delight, cut it down after I pointed out the damage the tree was causing.

In the garden directly behind me the owners grew a couple of massive trees alongside their boundary (with their adjacent neighbour). Those neighbours took them to court and won. They had to cut the trees down to the regulation 14 feet.

Negotiation is always the best way but if all else fails then SUE.

I just took a look at the satellite image. You do have a problem. That row of trees is definitely a hedge... (There is no legal definition of hedge!)

[IanT]

My garden backs onto Bryden Close also and we are loomed over by an ivy covered monster.
Bryden Close was Lewisham housing property, I have over the years received communications from Lewisham regarding the flats. If it has been transferred to a housing association recently it is news to me. I suspect you are being fobbed off as I and my neighbor have been over more than a decade of asking Lewisham to do something about their trees.
Some years ago Lewisham made an appointment with me to view the problem, I took time off work, they didn't show up. I complained by phone and yes I was fobbed off. Nothing was done. My most recent attempt was about Eighteen months ago via their web site. I received a reply saying they would investigate. I have heard nothing since.

I am concerned not only that the tree casts a heavy shade over my garden but that it is so big it is damaging the foundations. But I must confess that I am on the verge of giving up on Lewisham council being a good neighbor. However if you think presenting a united front would be helpful, I am at your disposal.
Ian

[Howard Staunton]

Thanks for the replies. I will contact the council to try and confirm responsibility for the trees. If I get no joy I may try our councillors and see if they can help. I am lucky that the line of trees ends part way across my garden fence so I am not affected as badly as others I suspect. My problem is mainly with leaves and twigs falling in the garden during autumn and winter. I will post any developments.

Howard

[Howard Staunton]

Just a quick update on developments. I did contact all three of my Lewisham councillors, only Cllr Tom Copley replied (although they may confer and decide that one councillor should deal with the query so as not to replicate any action). I took some photos, as requested by Cllr Copley, and he has forwarded them to the Lewisham tree cutting team. Once he gets a response he will get back to me. Fingers crossed.

[alywin]

I did contact all three of my Lewisham councillors, only Cllr Tom Copley replied (although they may confer and decide that one councillor should deal with the query so as not to replicate any action).

I believe that's pretty standard procedure with councillors - especially where they're all of the same party.

[Howard Staunton]

I have had a reply from Cllr Tom Copley as follows:

“The Council’s Tree Team have confirmed that the trees in question are on private land. They have explained that the trees in question have previously been inspected and actually belong to the Fairlawn properties, but over the years residents have put up their boundary fences in front of the trees so it might appear that the trees belong to the houses on Bryden close. When viewed from Bryden close you can see the Lewisham Homes fence and that the trees are not on Lewisham Homes land .”

Wasn't expecting that!

Will be taking a close look when I get home from work.

PS Home from work, took a quick look over my back fence and to the left of my property I can see what appears to be a concrete boundary marker partly hidden in undergrowth and to the right another marker that I can just see. The only tree I can see is clearly on the Fairlawn side of the boundary marker. Will have to walk round and take a look at the whole run of trees. But so far it's Lewisham Council 1 - Fairlawn Residents 0.