School tree overhangs my garden & sap damaging my property

angelican

My house backs onto school land and there is a tree which belongs to the school. The tree produces vast amounts of sap and is quite large and over hangs my garden fence.

This week i contacted my local council and they do not believe the tree is protected and stated that we should contact the school to resolve the issue as the tree is their responsibility and the council can only carry out maintenance at the schools request.

The tree produces vast amounts of sap every year when the weather becomes warmer causing it to fall over the garden. At Easter i purchased several garden play items for my 1 year old daughter these are now covered in sap therefore she cant play on her slide as it is full of sticky sap and sure enough will also lead to ruined clothing. To be honest i have not allowed her to play in the garden now for 2 weeks due to the extent of the problem and iam quite concerned of any possible impacts this may have on her health due to the large amounts of sap constantly falling from the tree whilst outside.

I am quite disappointed on the considerable amount of money i have paid on garden items and these have all been ruined within a week of purchase. My conservatory is also covered in sap and often i have to re-wash clothing after hanging it on my washing line to dry.

We did pay once ourselves to have it cut back but i dont see why we should have to pay ourselves. I have read the law on trees and i think we are within our rights to cut it back but i dont want to get into trouble as it would seem they may come back at me with criminal damages as with the reply i got from them in an email.

I contacted the school and they replied with this:

The matter of the trees on the school grounds was discussed at our last govening body meeting. Governors undertook an inspection of the school site and have agreed that the trees enhance the school environment and that they do not wish for any tree to be cut back on the school side of the border. Of course for overhanging branches it is for residents to decide if they wish to deal with those issues and request the permission of the governing body. The trees that border the school have been there for many, many years. Indeed most of them precede the houses on Portinscale Close. It is the desire of the governing body that they they remain in their current state.
I must add that any remedial work undertaken within the school grounds could be considered as criminal damage.

Does anybody have any advice please?

lookingforsun

You are well within your rights to cut down any branches, that overhang your property. You must, however, offer them to their owner, so in fairness you could cut them down, and them throw them over the fence onto the school's ground - to not return them is classed as theft!

They cannot charge you with criminal damage, for cutting down branches that *solely* overhang onto your land, but you must only cut those branches, and you must cut them from your side.

jackieblack

My understandinis that you are allowed to cut back any branches/foliage that is overhanging your land and return what you cut off to the owner. You can't go onto the school grounds to do this and must only cut back to the boundary line.
http://www.thegardeningwebsite.co.uk/overhanging-trees-and-hedges-i5331.html

I would write to the school and advise them that this is what you are going to do.

welshsue

This subject was on "dont get done get dom" this morning. I agree with the above poster, you are allowed to cut any branches which overhang your property as long as you return them to the trees owner. They cannot do anything about it.

gmgmgm

As the others say, you are allowed to cut some branches from the tree (if you can reach them) on your side of the boundary. The letter they have given you is trying to dissuade you from destroying what the local community/school has been enjoying until you found it a problem. If you do decide to cut it, you should certainly pay for it.

Remember, this tree has been there for many many years (and presumably was there when you decided to buy the house). Why should an old tree be cut down because it produces more sap than you expected?

"iam quite concerned of any possible impacts this may have on her health due to the large amounts of sap constantly falling from the tree whilst outside."
It sounds as if you are worrying a little too much over a natural process which happens all over the world.

Mojisola

lookingforsun wrote: »

You are well within your rights to cut down any branches, that overhang your property. You must, however, offer them to their owner, so in fairness you could cut them down, and them throw them over the fence onto the school's ground - to not return them is classed as theft!

You shouldn't throw them over the fence. You have to ask the tree owners if they want the prunings. If they say no, you have to dispose of them.

ormus

i always thought you only have to offer any tree fruit back to the owners?
not just any prunings.

keystone

Mojisola is 100% spot on. Other posters are incorrect. You may NOT throw any arisings over the fence. You may offer them back to the owner which they have the option to decline and if they do you must dispose of them at your expense.

Having said that the governors are clearly not going to assist you which would be neighbourly of them but I guess "budgets" come into it. Actually their letter is rather aggressive so I'd be tempted to say s.d 'em and cut the trees straight upwards in line with the fence which you are quite entitled to do.

I can't, however, understand why you've left the slide etc under the tree for the sap to fall on in the first place, neither can I understand why you've not just given it a bath.

Cheers

keystone

welshsue wrote: »

This subject was on "dont get done get dom" this morning. I agree with the above poster, you are allowed to cut any branches which overhang your property as long as you return them to the trees owner. They cannot do anything about it.

and if the bit I've highlighted reflects the advice that was given by the programme that just goes to show what a bunch of twits these telly presenters usually are.

Cheers

Mojisola

angelican wrote: »

My house backs onto school land and there is a tree which belongs to the school. The tree produces vast amounts of sap and is quite large and over hangs my garden fence.

I don't know whether this makes it worse but it's not likely to be sap that affecting your garden but the "honeydew" excreted by aphids living on the trees.

It is basically sugar and should wash off easily.