They have a shallow root system which can get wide. Because the root system is shallow and if your foundation is cement which leaches lime that the roots don't like, I doubt that it will damage your extension foundation but being nine inches away, WOW! That's a little too close for compfort. You can't even get into that space to slice into the root ball on your side of the property. Also is this bush soon to become tree like contacting your extension wall? If so, it will have to be trimmed away from it. As far as the new one, these plants are not fast growers but again, so close, it might become a problem before its time we're it planted farther away. Are you sure of your property line? It may be that these were actually planted on your side, if so, you know should know well your property encroachment laws on your side of the pond before you decide to make any attempt to remove these plants should that be your desire.
Finally and most important, have a friendly discussion with your neighbor about this matter if it turns out that that damage to your foundation is most probable from what other GOY members say.

Hi Loosestrife2
That was quick, thanks for your advice. Unfortunately our neighbours are not interested in our requests to keep it at least trimmed and do not want to do anything to help us. They have a 'privacy' thing going on in their heads which is hard to shift and that comes first. I shall try to take a picture (when they are out) and post it in the next few days. That way you will be able to see exactly what I am worried about, the close proximity to our house and if you think it may cause harm.
They also have a Bamboo planted on the corner of our extension (it grows up our drain pipes) and we feel they are being very poor neighbours. Our property line is the extension wall, onwards it is their patio. The fuss to get access to our back wall for maintenance/painting you would not believe.
Please keep an eye out for the pics and again, thank you.

Mapman

the fact that you actually know 9" as aposed to about a foot implies a bit of hostileties between you which is never good . you can only cut what comes over your side really and the rest youll just have to leave . if it starts causing actual damage then that makes things different but it all sounds like a nieghberly nightmare in the making .

Your best strategy would be to visit your local Council Offices for advice on the legal aspect of things.
They have experts to advise their staff (and Tree Office) on this kind of thing, so should help you for free as you are
a Council Tax payer.
If they tell you they dont have a Tree Office, dont believe them, its a big secret, as people go in there wanting
Conifers cut down for free its a £400 job.

I believe there are laws about the height of hedges on boundaries I think one is the right to light just found this on the internet.

A GOVERNMENT BILL GIVING LOCAL AUTHORITIES the power to control evergreen or semi-evergreen hedge heights seems set to become law. A residential occupier can complain to his Local Authority if :
1 A hedge is evergreen or semi-evergreen
2 It is over 2m in height.
3 It is unreasonably restricting light to the property.
The Local Authority can issue a "remedial notice" on the owner eg to reduce its height. Failure to take action can result in a fine of up to £1000 and daily fines for so long as the failure continues.
Do not hold your breath! How strapped for cash are Local Authorities?
Problem is do you want to fall out with your neighbors.

Hi Mapman and welcome to GoY. Question, which was there first your extension or the camellia? A single shrub is not viewed as a hedge Peterathome. As camellias prefer neutral to acid soil it is unlikely to damage your foundations. If it is growing across the boundary you are entitled, as has already been said, to cut off anything on your side of the boundary and return it to the owners. If it isn't growing across the boundary, and check carefully before you do anything, then you aren't.

I would say be grateful that it is a camellia and not privet or a leylandii. Enjoy it! As for access to paint your wall, if the wall is your boundary then the camellia is on their property and you could find that you are the ones at fault because your extension foundations may well extend onto your neighbour's property as house wall foundations are generally wider than the wall itself. If the wall is your boundary then, unless access across your neighbour's property is stipulated in their deeds, or in some other legal form, then I'm sorry but you have no right to cross their land.

Personally, I'm with the neighbour on this occasion - they have grown a beautiful plant on their land to give them something to look at other than the side of your house which is probably about 20ft high. And the new camellia will take years before it is high enough to constitute the second in the 'line of two or more' evergreens that make up a high hedge. It is extremely unlikely that their two camellias will ever be considered a nuisance under the High Hedges legislation because your extension wall is higher.

I would, however, suggest that neighbour moves the new camellia a little further away from the old camellia - 4ft between the two isn't going to give the new one much growing room.

Hi All

Your comments are much appreciated, I know there are worse things than this to look at but we have had light and a sea view from this window for over 25 years. It is a Cornish cottage and has been here for over 200 years, the camellia is somewhat younger. I think we have a 'right to light' with the 20 year rule on our side but who wants to go to court. Our extension has been there since the 1950's. Our neighbours have been there 3 years, running as a Holiday let. None of the visitors have a problem with privacy, just them. The Camellia is about 15 years plus but has increased in size considerably in the last few years. It is not the plant view that worries us, more what it could be doing to the foundations.
I think they have now become a bit too confident as a 14ft x 9ft concrete and rock filled seating area has appeared in their front garden. This is a Conservation area, an AONB and SSSI on the North Cornwall coast. There are no permitted rights here. Even to build it to 30cm needs permission, they have gone to 45cm without permission and now breach the privacy of all the surrounding properties. I call that being a hypocrite. So revenge will be served but we are just waiting for them to finish all the work, and to let the concrete harden, before having a little chat about the planning rules.
Thanks to all, will keep you updated with a pic soon.

Mapman

Well, the longer you or anybody else waits about reporting infringement rules the more into the realm of " implied consent" one goes into if this blows up into a legal matter. Whether a valid defense or not upon your neighbors part, it can make things a bit protracted.

Well you've given more information but none of it affects the neighbour's camellia. There is no right to light as your neighbour is not developing their property through construction which requires planning permission, they have merely allowed a plant to grow. The plant in question is not subject to any legislation being a single plant within the curtlage of their property.
AONB and SSSI have no bearing unless the camellia is threatening the natural habitat (it might if it was an invasive rhododendron).
I'm not clear what you mean by they "have gone to 45 cm without permission" but that would appear to be your only case and the relevant authority may require them to alter or remove that construction (whatever it is) but you will have to report that infringement to the authority.

You might politely offer to prune the camellia for them as a favour - you might even say that it is interfering with your sea view rather than your earlier claim that it was stopping you from painting a wall.
As for damage to your foundations - forget it. Completely the wrong root structure besides which if there was any damage you would have to prove that the foundations were adequate for the structure (which they may have been in the '50s but unlikely that they would pass current building standards)

UK & US law are very different Loosestrife. Good comment Urbanite.

Hi All

Urbanite - Thank you for the information on the root system, I will not worry about that now, which was the original question.
As for the planning issues I really think the responsibility must lie with the offender and not a neighbour. Also the waste from the work was dumped in a lay-by 1/4 mile up the road. Not very respectful of others in a very beautiful area, you must agree.
Anyway, thanks to all for your help. You are a great resource.

Mapman

"... responsibility must lie with the offender and not a neighbour." They obviously don't consider themselves to be offenders - if you are sure of the allegation then you should report them. Same with the fly-tipping which is a crime and if you have evidence (rather than hear-say) then you have a moral duty to report that to the police.

Hi Urbanite

I fully agree but these are people who would have been straight on to the council had our positions been switched. They have just got carried away. We do have evidence and pictures and will be reporting it, even if we can expect some botanical reprisals. Hey ho! that's life.

Cheers

Mapman

There may also be a limit on the number of days within which this matter should be reported. Get on with it !

You might get a leylandii hedge in revenge - think carefully before you take action.

Hi again

Dianebulley- I have up to four years on the planning issue, not that I will wait that long. A month or so should see us ready to strike. The fly tipping needs sorting out much quicker and will be.

Steragram - Cannot be afraid of bad people, that's how they win. Come what may we need more people doing the right thing.

Cheers

Mapman

Cornwall County Council has a webpage that may provide you with useful information https://www.cornwall.gov.uk/environment-and-planning/planning/enforcement/report-a-breach-of-planning-control/

I wasn't suggesting you be afraid of the neighbours but simply saying be aware that if they should for example decide to plant leylandii there will be nothing at all you can do about it until they reach the height stipulated as max by your local council.

There is a difference between being afraid of someone and deciding not to aggravate an already unpleasant situation. You are obviously not going to win against these people with head on tactics. It is not always easy to accept that we don't normally have any control over what our neighbours do unless it has damaged our property but this looks like a no win situation to me.

Hi

Thanks Urbanite, got that.

Steragram - I am very grateful for your words of caution, don't get me wrong. It's just that if a neighbour is going to do this to us and gets away with it they will become emboldened by it and could still choose to grow us out of our view anyway. I think our view at the front is noted as a conservation area 'vista' which is marked on the council plans. This should stop some of the growth. They need to understand that rules apply to all who choose to live in a conservation area. They are not stupid people, far from it, so there is no excuse. I would rather not have to do this but they have created this issue and it does have to be dealt with (even anonymously). Plus the fly-tipping is unforgivable. When it comes to leylandii that is a rather different thing, are you allowed to plant them within inches of a neighbours wall? A different root problem methinks!

Thanks again

Mapman

I am wondering if the neighbour's decisions are motivated
by financial cost ?

Hi Diane

They own a very nice property in Cambridgeshire worth about £750k and paid 265k for this tiny cottage, retired with a nice pension. Wish I was that poor!!

Mapman

The fly tipping needs sorting anyway. Some councils will come and remove the rubbish once they know about it. All we can do really is to wish you all the very best of luck with the other issues. Do you think that if the council were to know about the issues with the front garden they might take some action?

You need to stick to facts and evidence and not let your emotions get in the way. Fly tipping is a crime. If you have evidence then you can and should report it to the police. There is nothing you can do about the plants at the moment. There is no Leylandii hedge. There is one camellia. There MAY be a planning contravention. You can only find that out by reporting the development to the local authority - you cannot do that anonymously, but you can talk to your local councillor in confidence and they will raise the matter with the Planning Dept.
What your neighbours may or may not have paid for the property and what you imagine they own elsewhere is no business of anybody other than your neighbours and the value of their property is totally irrelevant as they might have been living there for 40-50 years and they might have sunk all their savings, pension etc into the new house to give themselves an income in their retirement.

Initial (off the record) enquiries with the Planning Officer, they do not act until there is a complaint and it can go through the local councillor, do confirm no automatic permitted building rights and that plans would have to be submitted based on our measurements. All emotions aside, no financial jealousy, it's just a little greedy and inconsiderate. We even hold their spare keys should visitors or the property have problems. People write in the visitors book how kind the neighbours are. Makes us feel a bit used.
Thanks for your kind words

Mapman

Taking things in context, is " fly tipping" synonymous with illegal dumping?

Yes Loosestrife

Hi All

Thanks for all your help. Everything is sorted and time to move on. See you at my next silly question.

Happy pruning

Mapman