Neighbours pine trees

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k88nan
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Neighbours pine trees

Postby k88nan » Sun Aug 30, 2009 7:35 pm

Is there any law which states a maximum height for pine trees that are planted in a neighbour's boundary. We have residents complaining that neighbours trees are far too high and bushy and they are blocking the light making their house and garden darker and damper. The trees are also causing problems when we have bad weather which blows all the loose pines everywhere blocking drains and making the streets dirty.
The owners have been approached and asked to tidy up the trees and trim them but so far they have refused to do anything.
Perhaps someone knows if we can do anything if the trees exceed a certain height.
Any advise would be appreciated.
Many thanks SK

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Re: Neighbours pine trees

Postby Jool » Mon Aug 31, 2009 7:56 am

I don´t think there is, we have them all around us and in Spring the processionary pine caterpillar problem is awful, this year we could not walk our dogs outside for weeks as our neighbours had not dealt with the nests and I ended up on medication from irritation due to the caterpillar hairs around......

If you find there is a law I would love to know about it!!

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hillybilly
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Re: Neighbours pine trees

Postby hillybilly » Mon Aug 31, 2009 8:06 am

According to the Codigo Civil (servidumbres) you are allowed to cut back any tree branches and and roots that encroach onto your land from a neighbour's trees but there is nothing that I can find about height etc. This sounds like one of those cases where a denuncia (or threat of) would now be the way to go if all other means of persuasion have been exhausted.

julian
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Re: Neighbours pine trees

Postby julian » Mon Aug 31, 2009 9:14 am

"This sounds like one of those cases where a denuncia (or threat of) would now be the way to go if all other means of persuasion have been exhausted"

denouncing a neighbour over the height of his trees, which so far seems not to have legal limits, would be the fastest way to him giving the trees extra fertilizer and water to grow them even taller.
the only way is the friendly approach, and to offer to pay yourself to have them cut back..with permission to do so if it is neccessary, which it probably is nowadays.dnouncing neighbours generally leads to even bigger, ongoing problems.

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Re: Neighbours pine trees

Postby Devils Advocate » Mon Aug 31, 2009 11:40 am

I see David Searl did not comment on this one, which is not surprising really.
Any decent lawyer who is not desperate for work will run a mile from a job where "right to light" and "encroachment of roots" is mentioned.

I wonder if the posters neighbours' moved in before or after the conifers were planted?
Property owner in Andalucia since 2002. How time flies.

BENIDORM
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Re: Neighbours pine trees

Postby BENIDORM » Mon Aug 31, 2009 12:44 pm

I think David Searl waits to see what comes from the 'audience', before replying...wise man...

I would be surprised if he doesn't reply, he doesn't seem the type to neglect anyone..

Regards,
Gordon

oops.! sorry spelt his name wrong..now corrected..

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Re: Neighbours pine trees

Postby Devils Advocate » Mon Aug 31, 2009 1:32 pm

BENIDORM wrote:I think David Searl waits to see what comes from the 'audience', before replying...wise man...


What benefit for him is there in that?, if he has a definitive or as so far displayed by him sensible route to follow.
Somebody with the hump over a few conifers is the stuff lawyers nightmares are made of.

OK, maybe I'm a bit close to the subject as I've got an idiot adjacent to me in the UK who has taken a dislike to the 70 foot conifers at the rear of our land and well beyond "shadow casting" distance of his. They've only been there for about 50 years I'm told and he's been there for 18 months.... so ok then I'll pay about 10000 quid to have them removed for him.....not :mrgreen:

If he mentions "right to light" to me one more time in earnest he'll get a right to the ear :evil:
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BENIDORM
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Re: Neighbours pine trees

Postby BENIDORM » Mon Aug 31, 2009 3:18 pm

..Devils Advocate wrote.....

.''Somebody with the hump over a few conifers is the stuff lawyers nightmares are made of''.

I doubt that the original poster will be pleased to note how you are trivialising their problem, I'm sure that they wouldn't have asked the question if they weren't concerned about it.

Any 'DECENT' lawyer would, I am sure, try their best to advise their client with the best approach. ..whatever the problem..

Anyway I look forward to reading Mr. Searl's reply if he has the time to reply...

Regards,
Gordon..

k88nan
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Re: Neighbours pine trees

Postby k88nan » Mon Aug 31, 2009 3:35 pm

Thanks for your replies.
I don't want to have a problem with the neighbour but several owners in the community are annoyed that the trees are causing damage to the drainage system etc. It maybe that another request to the owner to tidy up the trees as they are very large and unruly might be the answer. But at the end of the day if they won't do anything the community may have to consider charging them for the regular clean up. This might bring the matter to a conclusion.

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DavidSearl
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Re: Neighbours pine trees

Postby DavidSearl » Mon Aug 31, 2009 5:35 pm

Hello, pine tree team,

Yes, I confess that sometimes David Searl hangs back a little to see what comes. It is always interesting and often fascinating and offers new insight.

No, it is not a lawyer's nightmare. This particular situation is one where each side has a case. Tall pine trees are beautiful. Heaps of pine needles and darkness at noon are not beautiful. So, where do we draw the line?

If you can make a compelling case about the processionary caterpillar, the mountains of pine needles, and, most of all, roots getting into the neighbours' drains, it may well be worth going to court. I have a lawyer looking into the concept of "Servidumbre de Luces", the Ancient Lights issue, but he holds out scant hope.

Good luck with it, David Searl
You and the Law in Spain

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Re: Neighbours pine trees

Postby Devils Advocate » Mon Aug 31, 2009 5:51 pm

In other words no clear cut answer, as in so many civil disputes.
I think the original posters game plan after reading his last post fits the bill as a low cost option, with the possibility of a result. If not then plan B 8)
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k88nan
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Re: Neighbours pine trees

Postby k88nan » Mon Aug 31, 2009 6:22 pm

Thanks very much for all your input, I will update once I know more. SK


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