Churchyard Trees

[Red Jim]

Good afternoon all
I’m hoping that someone is able/willing to help...
I have lived in my house for over 30 years. It is surrounded on two sides by a graveyard. Four trees (with no protection order) have now grown so tall that they block the sunlight from my outdoor seating area. They also block it from a small living room window, but this isn’t a major concern. I have written to the parish council but they have more or less dismissed my request. My understanding of the right to light law is that it only deals with trees blocking out light, not direct sunlight. Are there any laws that give me the right to demand the trees are cut? It’s very upsetting that after 30 plus years here that I can no longer enjoy the sun on my own or for family bbq’s, etc.
Many thanks in advance -*J

[paulajayne]

Find out who the church warden is / are and arrange a meeting with them. Invite the round for coffee etc.

[des8]

As paulajayne*first try and resolve the problem amicably.

However it that doesn't produce a compromise you can make a complaint to your local council as they have the authority to order the owners of the neighbouring land to reduce the height of the trees if they are more than 2 metres high.
The council get their authority from the Anti-Social Behaviour Act 2003 and the High Hedges Regulations 2005,
The council will charge a fee!

[Red Jim]

**Many thanks to both of you for your replies and advice. Unfortunately the gentleman responsible for the churchyard isn’t a particularly sociable character. I would be only too happy to discuss this over a coffee, but this likely won’t happen.
Regarding the high hedges act, this appears to only apply to evergreen or semi evergreen trees. The trees in question are sycamore and ash, which are deciduous.*Is there nothing similar that applies in this case?*Thank you again for your time. Jim

[des8]

You mentioned that although not of major concern to you light was blocked to a living room window.
As your property has received daylight for the last 20 years you may under the Rights of Light Act 1959 be
*entitled to continue to receive that light.*The right is for sufficient natural light to allow the space behind the window to be used for its ordinary purpose.

You mention ash trees*
Have they been infected with ash die back?
If so are they yet in a dangerous condition and need felling?

Is this a closed churchyard? (responsibility queries)
Are you in England or Wales? (rules are different}

[Red Jim]

Thanks for coming back to me Des. The small window is in a room that is already very bright, owing to the patio doors and two other windows in there. I imagine this takes away from its worth in that respect. The ash trees do not show any signs of disease. I am in England, the churchyard is open to the public and responsibility for its upkeep lies with the parish council, which is who I have contacted. Jim

[des8]

A closed churchyard is one belonging to a C of E parish church which has been formally closed by an order in council made by the Privy Council.
Closed means no longer used for burials.

This might be important because the Local Government Act 1972 (sec 215)*specifically gives the parish council* powers for maintenance of closed churchyards if certain process and procedures have been followed.Not necessarily open churchyards*
If the church yard is still used for burials there are arguments to be made as to whether or not the parish council can take on its maintenance as it could fall to the C of E (although as a burial authority they might be able to contribute to its maintenance!)

If you have the time to do some research on line..........

Perhaps you should enjoy the ash trees whilst they are there..I've just had to take three down.

[seduraed]

Loath though I am to defend the felling of trees,* there are some ways forward. Get a tree surgeon to look at the trees and see if there. Is a danger of boughs falling onto your property and causing damage.* Take this report to the parish council do attend the meeting at which it is discussed. If the trees are a danger or diseased the insurers may insist on their being trimmed. Are the branches overhanging because you are be able to trim them back to the boundary.*

[Red Jim]

Many thanks to both of you for your time on this. Just to clarify, I very much like the trees and would not want to see them felled. They have grown to approx. 60 feet, and trimming the top 20% would likely solve the sunlight issue for several years and lead the trees in situ to be enjoyed. Around 25% of the high branches do overhang my property boundary, but removing these would solve the problem. It’s a matter of height. The trees have previously been trimmed when they became an issue, but the council no longer want to do this. The graveyard is still being used for burials and has plenty of space for that to continue for many years. Thanks again. Jim

[Red Jim]

*That should be wouldn’t solve the problem, in relation to cutting the overhanging branches

[Red Jim]

So am I to understand that as the trees are not evergreen, and are not in close proximity to my house, that it’s just tough? I genuinely though that they would have a duty to maintain the trees and stop them causing problems for neighbouring property owners. I suppose I just won’t have the sun to enjoy any more. What a real shame.

[des8]

It would seem that is the position.
You will have to wait until ash die back strikes before getting some relief

[Red Jim]

Just one further line of enquiry, if I may. The trees are approximately 18-20 metres tall, but only 12 metres from my property. Does that make a difference? Is there any regulation that states that the trees must but cut to ensure they wouldn’t hit the house if one fell? Many thanks in advance.*

[des8]

Unless the tree(s) is (are) damaged or diseased I know of no regulations that will assist you.
I did mention ash die back earlier... are you sure they are not infected? As they are mature trees it may take some while before the infection becomes obvious.

As an aside check your house insurance policy does not have conditions regarding the proximity of tall trees to your property.