A FURIOUS man waged war with his neighbours after their huge trees made life a misery – and he won his battle.

Ker Hamilton was forced to live in darkness while his stubborn neighbour refused to chop down the spruces.

He claimed William Buchan's trees had a "major" impact on his children and growing plants in the garden of his £330,000 Perthshire house was impossible.

Ker told The Daily Mail: "The hedge obviously has a major impact on the garden, particularly during the late afternoon and early evening when the children are home from school and most people expect to be able to enjoy their garden."

Eventually the desperate neighbour turned to Perth and Kinross Council for help.

He won his case and two trees were completely removed while 15 were ordered to be reduced in height.

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Branches that reached across the boundary line into the victorious neighbour's garden were also cut back.

A report from the council said Ker had told them: "The applicant has advised that the living room at the house frontage is affected by the hedge.

"The neighbouring trees affect light levels at the west elevation of the property, which has the bathroom window on the first floor."

The statement also added the towering height of the trees could be a possible "danger" to the property and to the Hamilton family.

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They prevented grass growth and any light reaching into the bathroom.

But an outraged Mr Buchan decided to appeal the decision.

He said: "Perth and Kinross Council are wishing us to reduce the length of remaining encroaching branches of the same trees that extend into the applicant's garden by 50-60 per cent.

"From what I have managed to find on the internet, it states that the neighbour has the right to reduce the encroaching branches on his side of the hedge, but I cannot find any legislation which states that it is the responsibility of the owner of the trees to have to make this reduction."

To Ker's delight, his nightmare neighbour's bid to save his trees was rejected.

Government reporter Fortune Gumbo said: "The council's requirement for the hedge owner to be responsible for reducing the encroaching parts of the hedge, in addition to the other requirements that the appellant does not seem to object to, is not excessive and is based on the act.

"The fact that the neighbour may have the right to remove those encroaching branches does not alter the need to stipulate those actions in the notice.

"While there may be effects on the health of the trees that remain after the actions are carried out, I do not consider the risk that this could occur to outweigh the need to reduce the adverse effect of the hedge on the neighbouring property."

How to complain about a neighbour to the council

If you have tried and failed to resolve your neighbourly issue by talking to your neighbour you can approach your local council.

Before approaching your council you should always try to compromise with your neighbours.

Consider neighbour mediation before instructing lawyers to try and resolve disputes.

If their behaviour crosses into verbal abuse and intimidation that can be classed as antisocial behaviour.

You can ask the police to get involved when your neighbours are rowdy or inconsiderate, damage your property or dump rubbish.

In this case injunctions can be imposed, fines can be handed out, or courts could make Criminal Behaviour Orders (formerly known as ASBOs).

For extreme cases the nuisance neighbours can be evicted or rehoused.

You need to keep a log of all the incidents so you can accurately report the issue.

In the event of an emergency, such as if your neighbour physically attacks you, always call 999.

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