Trees

simonhackney

Slightly odd question this ....

My next door neighbour has a large tree in the back garden which my surveyor tells me is too large and too close to the properties - may cause subsidence, fall on the houses etc.

Now the house next door is rented out - i have no idea who the landlord is ... and the tenants won't tell me ... is there anything that can be done .. could the council help??

Any help would be appreciated!

TJ27

You can probably find out who owns the property from the Land Registry but it might not give you an up to date address for him or her.

The worst trees for causing problems are broad leaved deciduous trees, especially thirsty ones such as willow and poplar.

Getting something done might be problematic, unless the landlord agrees to do take action. Also bear in mind that taking a tree out can sometimes cause more problems than leaving it there. There are lots of possible solutions but you need specialist advice really.

adouglasmhor

There was a specialits tree surveyor on Jeremy Vine's R2 show a while ago but ~i have no idea how to find him. TJ27 is right about it being problematic so I would want the specialist in.

gazzak007

Also ensure that everything in your garden house is upto spec and council regulations before you start complaint procedings as you may cause more problems that you envisaged between you and your neighbour , Dont forget you have to live next to these people 365 days a year

courtjester

The LAST thing you would want to do is try and have the tree removed, particularly mature trees that have been in the ground for many years and possibly pre-dating the houses - a recipe for almost certain damage to the nearby buildings due to ground heave (the opposite of and much worse than subsidence).

However, trees don't in themselves cause subsidence, they are merely one possible factor amongst others that have to combine to result in damage, like seasonal variation in rainfall, the proximity and condition of drains, depth and construction of foundations....

Essentially, it depends on the soil type on which the foundations rest. Although your surveyor has brought to your attention the possibility of damage, has he any knowledge of actual damage through subsidence to any properties in your area? Is there any evidence of the soil type being shrinkable clay?

It's not likely to occur through tree presence alone although there can be a risk of damage to drains by tree-root penetration (not necessarily related to the size of the tree as even small trees can break-into drains following small leakages through joints (the leaking water attracts the roots).

If it does occur, it would be a matter for your insurers.

You probably have no legal rights in advance of any damage, although if you can manage to identify the owner of the property, you could politely bring the increasing size of the tree to their attention and enquire as to whether they have any planned management strategy to control the size and spread of the tree to avoid potential future damage to nearby property.

Pollarding or management of the size of the crown is the key.

I suspect the council would only be interested if there was evidence of the tree being in a dangerous condition, presenting a falling risk. Again if the tree were to blow over onto your house in a storm, your insurance policy would cover you for any damage.

The council would also be able to advise if the tree is subject to a conservation order, which would require permission before ANY work is carried out on trimming its size.

clutton_2

court jester - ""planned management strategy to control the size and spread of the tree to avoid potential future damage to nearby property""

i would be most interested in learning more about this, as i have some large trees in my garden - many thanks

courtjester

clutton,

My wording was couched in terms for use in a letter to the 'offending' owner.:D

Basically, any property owner has a legal responsibilty to abate nuisance on their land which might cause damage and hence give rise to legal liability to a neighbour.

The spread of tree roots (which could be one factor in resulting subsidence of ground below foundations of nearby buildings) would be regarded as a legal and actionable 'nuisance'.

If you have large trees on your property which are in proximity to nearby buildings (by which rough guide you can consider: being closer to the building than the tree is tall), you may need to consider management of the size of the trees as a precaution. The risk does depend on many things, notably the type of tree, how close, and the type of soil.

Certain trees have prolific root action and are definitely likely to be a problem if too near - like Willow and Poplar trees.

Generally, though, it is a question of reasonable maintenance to make sure that nothing on your land becomes a problem for a neighbour - with trees, the solution is almost always to cut back on growth by pollarding (trimming) the size of the tree - unlike plants, the larger a tree gets the more capable it is of growing faster and conversely trimming back on the tree crown generally means it will inhibit growth.

For expert advice on particular trees, whether they need management and how that management is undertaken on any given site, you would need to consult a local tree surgeon.

Nevertheless, for most trees, it is probably unnecessary to take any action at all unless and until damage actually occurs - except where the size and location of the tree makes it common sense to take action. If damage occurs, then the relative household insurances will deal with the costs and legal liabilities involved.