Pensioners win case against neighbours whose trees made their lives 'a misery' and left them 'scared' to go outside

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WATCH: Neighbour rows: Six most expensive disputes

James Saunders

By James Saunders


Published: 24/07/2025

- 03:45

Updated: 24/07/2025

- 08:20

'I have never experienced that sort of provocation and intimidation,' Keith Smith fumed

An Edinburgh couple have emerged victorious in a bitter legal battle with neighbours over a boundary hedge that cast their property into shadow.

Keith Smith, aged 71, and his wife Julie, 68, from Prestonfield, had complained that their neighbours' cypress trees were causing them significant harm.


Their five-year war with David Hunter and Niena Hunter Mistry had escalated to such an extent that, at one point, police had to get involved.

"Their behaviour has been atrocious, absolutely appalling," Mr Smith told EdinburghLive earlier this year.

"I have never experienced that sort of provocation and intimidation."

Priestfield Avenue

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The Smiths successfully pursued a high hedge notice against their Priestfield Avenue neighbours

Mrs Smith revealed she was left feeling "anxious, stressed and scared" whenever she went outside - and even revealed the fiasco had affected her marriage.

"We are pensioners and we should be enjoying our lives, sitting back, and enjoying our garden. I'm scared to go out there," she said.

They also highlighted the burden on public resources after their dispute ended up involving Government departments, local authority staff and police officers.

At first, the Smiths sought assistance from City of Edinburgh Council to address the cypresses overshadowing their property.

When local authorities declined to intervene, the couple were left dismayed but persevered with their case.

MORE NEIGHBOUR ROWS:

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At the heart of the dispute is a boundary hedge that towers over the Smiths' property (file photo)

They subsequently lodged an appeal with the Scottish Government, which proved successful, resulting in an order for the trees to be trimmed to 8.5 feet.

"The cost to the public purse must be considerable in terms of Government, council and police resources," they said.

"We, the Smiths, have suffered hugely financially, emotionally and physically by this process and sincerely hope this will now lead to resolution."

However, a single tree remained at its original height - and as such, kept casting shadows across their garden.

Mr Hunter attempted to preserve the remaining tree by petitioning the Scottish Government, arguing it stood separately from the boundary hedge and had never been pruned.

Officials then carried out an assessment of the property.

"During one period of sunshine, I observed that the disputed tree casts shadow over a significant proportion of the neighbouring property's rear garden," Government reporter Amanda Chisholm said.

Chisholm determined that the entire hedge, including the disputed tree, continued to negatively impact the Smiths' ability to enjoy their property.

She said: "In my view the part of the hedge that has not been reduced in height continues to do so."

The Government ultimately dismissed Mr Hunter's appeal, and has now confirmed that the remaining tree must be cut to match the 8.5-foot height restriction already imposed on the others.

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