what can I do about tree going over boundary of my property please

eldaniel

I am planning to buy a property and in neighboring garden there is a tree which is not growing in a straight line and some of its branches are crossing over the boundary and onto my potential property.







sorry that photos are not horizontal but for some reason they keep turning

I think it looks like an Eucalyptus - I would appreciate if someone could confirm that. I can't see this under TPO on the local authority list, but on council website it says that if tree trunk at 1.5 height is bigger than 75mm in diameter (which it is) then the tree is subject to TPO. What does it mean "subject to TPO" - so is it or is it not protected. What is the process if I would like to cut/trim it down along the boundry of the property? Can I legally do that please? Many thanks

SmlSave

First you need to find out if it is definitely subject to a TreePreservationOrder or is about to become to. We have large trees in our garden and I called the council to check, several times, even got their tree people out to check (larger than a house, oaks)

If there is a TPO then you have to get the council's ok to cut it and use their own tree surgeons.

If there's no TPO then you can cut anything over your boundary but you need to return any branches to the owners of said tree (it's nice to ask them if they actually want them though) But, should your cutting of the tree cause damage that requires professional work or removal of the tree then you are then liable for the costs.

Can you tell I've read up on it?

No idea of what tree you've got there though but I do know only certain types of trees generally get TPO's

theartfullodger

https://www.citizensadvice.org.uk/housing/problems-where-you-live/neighbour-disputes/

Tells all...

Carer

It's a Eucalyptus and has the potential to be absolutely massive.
I'd be seriously worried about it being that close to a building, the roots are huge.

We have one at the far end of the garden that didn't survive the harsh winter a few years ago. We trimmed it regularly but it's still way over house height and the trunk is enormous - we had a swing hung from the branches when it was living. Anyway the roots have caused substantial damage to the outbuildings.

Fisharefriendsnotfood

Yes it's a eucalyptus and they cause much concern due to their water uptake. You need to find out what kind of soil it is growing in as that can have a huge bearing on damage/subsidence
They drink a phenomenal amount of water. In Australia, this is fab as they can store it in times of drought. This means they grow to a shapelier more manageable size.
In this country they tend to grow tall, thin & lanky with very heavy branches as there's so much water available.
Some eucalyptus are known as widow makers!! Not saying this is one but they can shed whole branches.

glasgowdan

SmlSave wrote: »

If there is a TPO then you have to get the council's ok to cut it and use their own tree surgeons.

No, you just have to get someone qualified

If there's no TPO then you can cut anything over your boundary but you need to return any branches to the owners of said tree (it's nice to ask them if they actually want them though) No, you don't need to return them. You need to make them available if they want them back.

But, should your cutting of the tree cause damage that requires professional work or removal of the tree then you are then liable for the costs. Plus a fine

Can you tell I've read up on it?

No idea of what tree you've got there though but I do know only certain types of trees generally get TPO's

Just a few specifics there really.

In this case it looks small and I do doubt it has a TPO, but the council should get back to you very quickly, a quick call or email is all it takes.

alicewilliams

That tree does seem to be very close to your house and as others have said, it could possibly cause damage.

My other concern is if you have a small garden, then it will most likely block a lot of sunlight.

dc197

If you like gardening and this tree is near the house's flows beds, it will make them very dry. Your choice of flower will be limited to those which prefer dry soils.
It may not be next to the beds though.

Davesnave

Whether it has a TPO or not is academic if it's going to reach 50' and block your light. Unfortunately, few eucalpts stop until they get large for a town garden.

At the very least I'd be talking with the neighbour and sharing my concerns. That way, I'd know if I was dealing with a Richardhead or just someone amenable, but not very clued-up.

You speak of this as 'my property,' but it isn't.... yet. All properties have problems, and some are solvable by having money thrown at them. Others are intractable. Make sure you know which category this one's in.

eldaniel

Davesnave wrote: »

You speak of this as 'my property,' but it isn't.... yet. All properties have problems, and some are solvable by having money thrown at them. Others are intractable. Make sure you know which category this one's in.

I have made an offer which was accepted so I just being optimistic altough this tree is concerning me a little bit.
Just emailed local authority with details and photos. Hopefully I won't have to wait too long for answer.
Thanks

moneyistooshorttomention

I don't know whether this would concern your house - or just your neighbours house BUT I recall someone I know commenting that her insurance company made her remove her eucalyptus tree from her garden or they wouldnt insure her.

That's good news from the pov of the neighbours insurance company also might not be very keen on them having that tree in their garden. Bad news if your insurance company went "Oh yes...we know its not your tree in your garden - but we will still count it as mattering to us" and be awkward about your insurance cover.

Worth checking that point out imo.