Massive Sycamore tree, whos responsibility?

jackster123

Good evening all.

I wondered if anyone could help me with a bit of an issue I've got.

At the back of our house, in the adjoining neighbours garden, there is a huge, roughly 80ft sycamore tree. It overhangs my garden, and frankly its a complete nightmare.

My gutters are constantly full of leaves and helpicopters, my garden is covered in rubbish, all of my garden funiture is completely covered in horrible, sticky sap, in the winter I feel as though I am raking the leaves in the local park, rather than a garden!

Its getting very close to my house. In addition to the total nuisance of it, I am concerned that it is causing structural damage. The tree is about 10 metres from my house. I was looking at the sheer size of it, and I think that the roots must be pretty big.

Now, whilst my house is owned outright, the neighbours belongs to the local housing asscoiation. I have called them and asked them to come out and have a look, but so far they are just fobbing me off, and say they wont do anything unless its dead or diseased.

As the tree is on their property, are they responsible for it, and the damage its doing? I replaced the decking in my garden last summer, and its already starting to rot. My garden furniture is disgusting, and my whole garden is unusable. I cant hang my washing out, have a BBQ or even sunbathe without all manner of bits dropping on me.

More concerning though, is that I had the internal doors replced last summer. I have already had to have some one come out and rehang them, which makes me wonder if the roots could be causing subsidence.

I also had my gutters replaced, and as they are constantly full of stucky stuff, I cant see them laasting long.

What can I do about this? Can I make them cut it back? Does any one know if there is anything I can do?

Torry_Quine

You can have it cut back to the boundary and must offer the branches to them.

Davesnave

If the tree is damaging your property in a signifcant way, then your insurers would be best for advice and help. They probably don't insure your decking etc, however.

However, doors often need adjustment after fitting. Depends on the quality of the doors and the fitter to some extent.

Farway

As Dave says, insurance first, they have far more muscle & money than you and a letter from them, with a potential bill, will soon prompt a response from laggardly HO

This issue may also bump up your premium in due course

Given size of tree one assumes it was there long before you bought the house?

TiddlyPom

Get an Arboriculturalist to do a Tree Report to assess any existing or potential damage.

Pete9501

Councils have Arborist and I found ours very helpful in fighting a similar problem with trees belonging to Rail Track.

Pete

jackster123

Thank you so much for the replies and advice.

The tree was there when we bought the house, but having never lived in the shadow of one before, I didnt realise what a nightmare it would be! I guess you live and learn eh?

I will contact the insurance and see what they suggest. Many thanks again

I_have_spoken

What can I do about this

Yep, contact your home insurer, pointing out the increasing probability of claim.

They'll contact the HO advising them that any claim and costs will be passed on; 99% of organisations will remove rather than risk taking liability.

This tactic works far better than endless letter about blocked sunlight etc. as the insurers letter will land on the desk of the finance chief.

Kyrae

Before you do anything, you need to check in case the tree has a tree preservation order:


http://local.direct.gov.uk/LDGRedirect/index.jsp?LGSL=508


If it does things are more complicated! If you do anything to the tree and it is protected then there's some very hefty fines, so check first before any pruning

Davesnave

Kyrae wrote: »

Before you do anything, you need to check in case the tree has a tree preservation order:


http://local.direct.gov.uk/LDGRedirect/index.jsp?LGSL=508


If it does things are more complicated! If you do anything to the tree and it is protected then there's some very hefty fines, so check first before any pruning

It sounds as if the HA have had an opportunity to tell the OP about any TPO, and they haven't, although there's no harm in checking.

There will be a very limited amount of amateur pruning possible anyway on such a large tree.

If it were me, I'd be pushing to have the tree removed by whatever means necessary, including a cash incentive, though that would be after exhausting all other routes.

Let's not beat about the bush, (...see what I did there?) getting a tree like that removed could instantly add 5% or more to the property's value. That's investment, but in the meantime, the enjoyment of one's own property would be so much greater.

jackster123

Davesnave wrote: »

Let's not beat about the bush, (...see what I did there?) getting a tree like that removed could instantly add 5% or more to the property's value. That's investment, but in the meantime, the enjoyment of one's own property would be so much greater.

Ha! This made me giggle! You are exactly right though, its not about the money, its about being able to get up on a beautiful mornig like this morning, sit on the decking that cost a fortune to put in, and be able to have my morning coffee without being covered in greenfly, spiders and helicopters!