where does the law stand on height restrictions on garden trees ( Magnolia grandiflora 'Exmoth') as my sister in-law is being threatened by a neighbour with court procedures . As I am a member of the RHS I thought I would ask your advice.

~there is no maximum height~are the branches overhanging their garden?
If the tree was there first I cannot see that they can complain ~they knew it was there!
Can she get some legal advice via her contents or building policy?
Regards
Arlene

arlene is right.they have a right to cut the branches of overhanging there property and offer them back to you.its a shame its got to this.you do need planning permission for leylandi but as far as i know thats it and thats to plant them.not well established ones of them either.they built the extension after the fact.the tree if old enough mite just have a preservation order so no one can cut it down.theres no chance of being amicable bye the sounds of it.bad neighbers are bye far worse than the tree.let them waste there money they cant do a thing

And of course she could always apply for a Tree Preservation order to be put on the tree herself. Though, with the restrictions that brings it is not always a blessing.

could already have one boggy

as you are a member of the rhs ask them for advice. they are usually very quick in answering queries.

~we had problems some years ago with my next door neighbour who relocated a flight of cement steps from the other side of his garden to right next to my tree which was close to our border and then asked us to pay for a new lot when the roots caused one of the steps to drop slightly.~ my contents policy covered all our costs~

The RHS might be the best place to get advice, but from what I recall when I worked in an architect's office, on clay subsoil, any old trees shouldn't be removed when building takes place, as far as possible, because removing the existing, mature trees can cause future subsidence problems.
I'd be inclined to call the local council and speak to their Parks Department first; they usually have a tree person who may well be able to advise. As far as I am aware, there is no height restriction on trees in people's gardens, unlike fences, etc, and even those restrictions are down to the local council. I certainly don't think the tree should be removed just to placate the neighbour, and I'm willing to bet the council will consider the tree more important than the neighbour's recently added extension.

The only legislation regarding plants is The Anti Social Behaviour Act 2003 section 8 High Hedges. This was implemented because of the trouble with leylandii. The height of evergreen hedges must be no more than 2m. A single tree does not constitute a hedge. What has the neighbour said she is basing her legal action on? Right to light which is not really an option anymore for legal proceedings especially if the tree has been there before the neighbour moved in. Have the roots of the tree damaged the neighbours property, you may have a problem there, however the neighbours should be able to claim on the house insurance. They should have considered all root growth when they built their extension, your tree was there before their extension. As far as I'm concerned they are the author of their own misfortune. To keep the tree apply to your local authority for a Tree Preservation Order, if you are successful the neighbours will have trouble getting it removed with a TPO on it.

Greetings minions

By UK legislation the maximum height for a plant or tree is 1.25 metres.

This is the measured distance from the ground.

I once caught a pigeon with my fingers, the smell was awful, none the less i poo'd my pants.

Hope this helps Princess P

xoxo
B-----------)

~Captain Claw ~that is a load of nonsense as nearly all the gardens in the land have trees higher than that !

The tree is only a few feet away from the boundry fence . The problem seems to have aroused since her neighbour built an extention,due to this their living area is now nearer to the tree. I realise if I could inform you which way the garden faces it would be of some relevance,but I am affraid I do not know. The tree was there when my sister in-law brought the property ,she loves the tree and would be sorry to lose it. She has clay soil, would this be a factor to be considered , as I belive the buildings foundations could be affected.
24.8.09 Thank you all very much for your replies,they were very helpful.

Imbecile!!

Sorry Patricia, that was not aimed at you x

~I 'm with you Andrea!

The direction of the garden is not relevant. The tree was there before the extension, they do not have a leg to stand on as far I'm concerned and if they asked a solicitor for advice they should be told to go away.

Coo, don't hold back andrea, tell it like it is! Fantastic, I love straight speaking and confident expression.