Neighbor's Garden Plans - can I say 'no'?

Daily Life, Swiss News and General Topics
21
In Kanton Bern a newly planted tree (not a fruit tree) must be at least 5mtr from the boundry.

You should check in th laws of SG about how it is there.

Here is a PDF copy of such http://www.rwi.uzh.ch/lehreforschung...Bauer_9_92.pdf

I think you should have a talk with your neighbor. From what I can see Kanton SG have there own ideas of where and how tree's should be planted.

Salut Zämma

22
Which is how it is normally done here.

Tom

23
Yes, as Big Mara said, there are regs. both cantonal, commune level, and perhaps at the level of the sub-division on what can be planted and where.

You really should visit your commune/geminde for the specific rules for your specific plot and read them carefully, inquire further with the local authorities if need be. Sounds like she is trying to skirt the rules.

Indeed, around here at least, large trees need to be planted at 5 m from the border, hedges at least half a meter and both have maximum height levels as well. There are indeed rules to protect you, and if the cyprus is indeed classified as "tree" is sounds highly illegal as well.

24
Timmy and Big Mara are right - Get a copy of the rules from the Gemeinde first. Perhaps the plans don't bother you as written, but it might bother you to know how much the neighbor is trying to bend (or circumnavigate) the rules.

Also my two rappen - So what if the neighbor wants you to sign right now because time is running short? "Lack of preparation on your part does not constitute an emergency on mine!"

25
Yes, do check the cantonal, Gemeinde, and neighborhood regulations - there are almost always set-back and height rules.

HOWEVER - for the sake of future harmony, I would counsel treading lightly. Garden disputes are often the cause of irreparable neighborhood hatreds. Try to come to a compromise if at all possible - perhaps the design can be altered to set the tree back, perhaps another species which would allow more light could be used, etc. Ask to meet with the garden designer (if one is being used) to discuss your concerns and look for possible alternative plans that would make everyone happy.

If you object your neighbor's next step would be to apply for planning permission - this will be considered in light of cantonal regs, with your arguments in mind. (And your neighbor's Vitamin B with the Powers That Be in your Gemeinde planning bureau ) Be advised, though - two neighbors here are now in court after such a disagreement got ugly - the only winner in that case is going to be the lawyer.

If you can find a compromise, you'll have invested wisely in future neighborhood good will.

Hope a way can be found to make everyone happy.

26
Could be of course, but cypress, though it grows quickly and thickly - and older hedges can look ugly if not properly cared for, is not an invasive plant. I have never heard of it attacking walls or such or going rampant.

27
Firstly, your neighbour being British, you need to invite her for a "cuppa" ("Tea with milk and sugar, dear?"), then you ask her to show you on the Royal Horticultural Society encyclopedia the exact specimen of tree she is planning to plant near your garden, show her your stamp-size lawn and express nicely your concerns, it will all work out fine!

28
Another reason to proceed with caution and really get all the rules and regs. in order is in case you would ever move or sell. If you sign something now, giving her some rights, which turn out to be in violation of the Canton/Geminde/local regs. it could create a real hassle in the future. After a certain time, the illegal plantings tend to be "grandfathered" if you did not complain/officially object at the time. So even if you can live with it, if you ever move, a new owner comes along and doesn't like the situation, they might not have the legal grounds to correct the illegal situation.

29
UK Legal aspects

http://en.wikipedia.org/wiki/Leyland_Cypress

The plant's rapid growth (up to a metre per year), great potential height, often over 20 metres (66 ft) tall in garden conditions, they can reach at least 35 metres (115 ft), and heavy shade can make them a problem. In 2005 in the United Kingdom , an estimated 17,000 people were at loggerheads over high hedges, which led to violence and in at least one case murder , when in 2001, retired Environment Agency officer Llandis Burdon, 57, was shot dead after an alleged dispute over a leylandii hedge in Talybont-on-Usk , Powys .

Part VIII of the United Kingdom's Anti-Social Behaviour Act 2003 introduced in 2005 gave a way for people affected by high hedges (usually, but not necessarily, of leylandii) to ask their local authority to investigate complaints about the hedges, and gave the authorities power to have the hedges reduced in height. In May 2008, UK resident Christine Wright won a 24 year legal battle to have her neighbour's Leylandii trees cut down for blocking sunlight to her garden.

30
As everyone mentioned before, check with the commune first. If she has rights, then make sure that in this document she wants you to sign -- put in your stipulations. She takes care of the hedges and tree. The hedges are only a certain height and should be pruned regularly. The tree grows no more than 5M. If the stipulations are not met then the plants must be removed and she is responsible for 'renewing' the area as it was before. Then sign it and take it to the commune to get 'stamped'.

31
So lucky I am not an owner. Things like that would bore me to death (literally).

32
But more importantly, are you a gardener?

33
I have a cactus standing in my living room.

34
What was the end result on this topic?

I have a number of related queries:

1) my neighbour has a bush which now I estimate is standing at 4 meters high. Not only is this preventing morning sun from shining on the front of my house, it drops small black berries all over the entrance to my house, so I am constantly sweeping so as to avoid staining both to the path and the entrance hall. Can I ask them to remove or at least reduce the height?

2) I wish to build a retaining wall. What is the maximum height? Do I understand correctly that it can be 1.2m on the border, but if I wanted 1.6m then I must build 30cm from the border?

3) ideally I would like to either erect a small fence on top of the wall, or plant a hedge. Is the wall height+fence/hedge counted as one, or is there a rule/formula?

35
as others said to me, check with your local office. I never did but I also never signed anything. She had to (I believe) plant the tree more in her yard. In the end, it is a nice tree, and I have gotten used to the wall, although at first it was ugly, got used to it. Here are a couple of pics. Not the best pics, but anyhoo, here they are:

36
Building regulations are Kanton specific, so depends on your local ordinances.

Technically, you can build any height wall you want, in my Kanton. If you are altering the ground by more than 1.5 meters, you will need a building permit.

I recommend discussing your plans with your neighbor for agreement, and checking with local ordinances. This would help prevent bad rapport with your neighbor, and ensure you won't have to tear down something you spend time and resources to build.

37
Oh dear, you can say good-bye to this nice view of the mountains in 5 years time.

38

I'm not sure - the tree needs to be kept at 5 m, I believe. I will have to go over there with my meter-stick and see how big it is so far Or who knows, maybe I am totally wrong!

39
5m is actually pretty big ( two floors if a house) so I think it's got a bit yo grow yet. It looks about 3m at the moment based on the photo and the roofline of your neighbour's house.

40
Less.

We have a house with 3.4m high ceilings (albeit in Italy).

But even here, figure closer to 3m/floor, as the floors themselves have a certain thickness.

Tom