Another dreaded conifer question!

gladysrocker

I live in a row of four houses with open front gardens separated by just a path leading up to each front door. One of my neighbours planted a couple of conifer trees in their border years ago and in the last couple of years the roots have started lifting the paving slabs on my path and it's now got so bad that it's made it dangerous and unusable. We've had several conversations with our neighbour about it and each time they say they will sort it out and inevitably they don't.
Things have come to a head after the postman told my neighbour on the other side that it was too dangerous to come on my property and he was going to speak to his boss about and meanwhile if he injured himself whilst delivering our mail he would sue us.
Where do we stand legally with this? Any advice will be gratefully received.

I_have_spoken

You can severe the roots at the point they 'trespass' into your garden, but you must offer the roots back to neighbour not just chuck them away.

If the trees subsequently blew over and caused damage, you could be in the frame as you have a duty of care that any work you perform will not lead to damage or harm to others.

Then again, the neighbour has also been been made aware of the problem and done nothing, so you could issue a 'letter before action' stating you will seek a court order they make good the damage. BEar in mind, you'd need to disclose a dispute if you came to sell.

gladysrocker

Their house has gone on the market today, do they have to disclose a dispute to any prospective purchaser?

I_have_spoken

TBH, unless it's already involved the Council or bizzies, there's nothing on record.

moneyistooshorttomention

gladysrocker wrote: »

Their house has gone on the market today, do they have to disclose a dispute to any prospective purchaser?

YAY!:T That's good news for you.

They should if its obvious there is a dispute.

I'd crack on and make sure it is obvious in your position.

Fortunately, you are covered by the High Hedges Act. This Act is a rather faulty Act that was put in place precisely to deal with antisocial neighbours growing things like conifer trees. The Act specifies that a hedge means "two or more trees". You are fortunate that this meets that specification.

1. You have already asked them verbally to remove the trees.

So move straight to stage 2.

2. Write them a letter (copy kept). Personally, I'd send one Recorded Delivery to them and put another copy through their letterbox. Give them, say, a 2 week deadline to deal with those trees in. In the text of this letter use words to the effect of "I have already verbally requested you remove these trees on the following occasions (in particular stating the earliest date you asked them to do so) ....and, whilst you stated at the time that you would do so, you have taken no action on this".

3. If they still don't remove those trees, then you "get formal" and give them a formal letter "putting them Under Notice" to remove the trees, with a deadline to that as well.

Of course, you could always let them know you know their house is for sale and you happen to be following details of all local EA listings "out of interest";):rotfl:;) (in other words subtly letting them know you will be doing your darndest to scupper any sale of their house unless and until they deal with the trees).

With all that, they would have to be pretty thick not to realise that they have no option but to remove their trees or they cant truthfully say "There isn't a dispute" on their form. YAY! If they are a bit thick, then point out the "facts of life" to the top person at their estate agents and let them brood on that fact.

BTW: Also get a letter in to the Council pronto on this and asking for their assistance under the High Hedges Act (copy kept)....then you have made sure the Council officially know.

You are in a winning position here.

moneyistooshorttomention

BTW You are best off pre-empting that shirty postman hoping for a payout and getting an official letter in to the Post Office saying that:

- you are concerned about the state of the path for access and making it VERY plain its the neighbours fault and not yours

- you understand the postman has "expressed concern and is not happy about walking up your path because of these neighbours trees" and, in order to avoid this, you hereby refuse permission for the postman to walk up your garden path and will be collecting your mail yourself. WORD THIS LETTER VERY CAREFULLY.

You don't need a greedy wotname like said postman deciding he could do with a payout and making sure he doesn't take responsibility for carefully watching his own feet as he uses them to walk up the path. He may just be threatening (aiming for the message to get back to you...as it has) OR he may start feeling a bit short of money and trying to be careless at your expense. Don't take the risk that he might be greedy and broke.

Or..you could always put up a lockable garden gate or other obstacle preventing him walking on this path and then he cant do so anyway even if he is so determined to have a payout that he tries hard to.

Davesnave

I would caution against trying to use the High Hedges Act, since it specifically excludes problems caused by roots.

If you are really worried about the postman, the easiest solution is to put a lockable mail box at your gate.

Meanwhile, you should approach your neighbours again today and tell them that because they haven't taken action re the conifers damaging your path, you are minded to enter into a formal dispute with them if they don't act within the next fortnight. This gives them time to sort this out fairly and without you involving a solicitor.

Remind them that if this becomes a dispute it will have to be declared on the Questions Before Contract form which is filled in when they have a buyer. Follow this up with a letter stating the same and copy one to their agent. None of this will make you popular, but as the neighbours want to move, that's probably not an issue.

More advice on hedges and roots etc here:

http://www.gardenlaw.co.uk/

moneyistooshorttomention

Guess I should have been a bit clearer re using that Act...as in specifying that the trees are "too high" and stating what height they are. Any height over 2 metres tall and I would be stating they are "too high" and notifying the Council to act.

Davesnave

moneyistooshorttomention wrote: »

Guess I should have been a bit clearer re using that Act...as in specifying that the trees are "too high" and stating what height they are. Any height over 2 metres tall and I would be stating they are "too high" and notifying the Council to act.

Yes, but they probably wouldn't, because unless the trees are casting 'too much' shade on the house or garden, they have plenty of wriggle room to do nothing at all. How much is too much? Each situation is judged on its own merits, and as the OP hasn't indicated a specific problem with shade, it seems appropriate not to complicate the issue with it.

Besides, the whole process involving a council would take many months, if not a year or more, with them insisting for starters that a fresh approach be made to the neighbour. Frankly, most councils will do whatever they can to see a resolution without the Act being used, as it is intended as a tool of last resort.

I'm aware of a dispute which now involves the local council and their statutory powers. It's rumbled on for years and there's no end in sight yet!

The quickest fixes are always the ones organised by those directly affected.

Mojisola

moneyistooshorttomention wrote: »

Guess I should have been a bit clearer re using that Act...as in specifying that the trees are "too high" and stating what height they are. Any height over 2 metres tall and I would be stating they are "too high" and notifying the Council to act.

You can notify them but the council won't act just because the trees are 2.5m or 3m high.

moneyistooshorttomention

My reason for thinking of involving the Council is in order to turn it into an official dispute. I was assuming it would count as "official dispute" even if the Council does nothing...but just because they've been told.

Is that not the case? Have I got that wrong?

Possibly the best course of action re Council is for OP to tell neighbour they will be taking it up with the Council and that will make it an "official dispute" if they don't deal with their trees?