Neighbours no longer in the dark over leylandii ruling

8th June 2015

Leylandii trees have featured in the news again this week after a home owner was finally forced to cut back a tree she hadn't touched for over 12 years.

Officials in Scotland made the ruling in a long standing battle between villagers in Buchlyvie, Stirling, after one resident had allowed a hedge to get out of control, growing to a height of 40 foot.  

The dispute has been running for more than 30 years, however after the home owner stopped trimming the hedge in 2003, it grew to more than 40 foot and severely restricted the sunlight to neighbouring properties.  One property even had to keep the lights on even in broad daylight. The officials in Scotland have now ordered the home owner to remove what they called the "forest of trees" and scale the remainder back dramatically. 

Nyree Applegarth, a partner in property litigation at Higgs & Sons solicitors, based in the West Midlands commented:

"I deal with boundary disputes on a day to day basis, and at least seven out of ten involve trees - usually leylandii, so unfortunately these types of disputes are all too common." 

"The height of trees and their density can be a serious problem for adjoining home owners, as shown by this recent case in Scotland. The Government has recognised what problems these trees can cause, and there is now a procedure for requiring homeowners to keep their trees in trim, starting with a complaint to the local Council. 

"Although this was a case decided in Scotland, similar legislation applies in England and Wales. If individuals have similar issues, then complaints can be brought under the Anti Social Behaviour Act 2003. 

If you require any further information on boundary disputes including those involving leylandii trees, then please contact Nyree Applegarth on 01384 327151 or nyree.applegarth@higgsandsons.co.uk .


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