Dead tree overhanging garden

papermate

Hi all

I was wondering if anyone can help. I live in a private property of flats that has a car park. There is a dead tree overhanging our cars at about 20 degrees from next door, which is in danger of coming down in a high wind and killing a couple of them, if not us.

I have discussed this with the person who I believe owns the land that the tree is growing from (don't trust him to even inform me that it is in fact his land). I have also set out my concerns in an email asking him discuss how we are going to resolve this situation but so far he has been very evasive.

I have been getting copies of title registers and plans of the flats next door that this guy has the leaseholds for, from the Land Registry to see if they describe the land that that is his responsibility but I can’t find anything explicit from the red boundary lines shown on the plans.

However, the freehold plan of the whole plot that the flats are built on, shows a red line at the boundary for everything within it. I wonder, should I just forget him and go to the actual freeholder of this land to see if they can deal with it? I'm hoping I don't have to try and get hold of this guy's leases to find what land (garden area) is his responsibility. I’m not sure if I’m going about this is the right way, so has anyone got any ideas?

Thanks a lot.

NeilCr

There's some general advice about how to deal with overhanging trees here

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

ReadingTim

Well, you could always pay for it to be removed yourself if you're that worried about it killing you, or someone else.

But I suspect your actual question relates to trying to force someone to do, and pay for, something that they're not going to do anything about. To which the answer is that there's little you can do about it.

papermate

NeilCr wrote: »

There's some general advice about how to deal with overhanging trees here

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

[FONT=&quot]Thanks Neil

It seems that this local council don't have anything to do with private trees though. I was hoping there might be a way of confirming that the leaseholder that I have mentioned is the responsible party for the land the tree is on or if I could approach the freeholder of the land to address this issue (and cut out the middle man).[/FONT]

Mossfarr

I would write to the freeholder. Even if they are not directly responsible I'm sure they will forward your letter or point you in the right direction as they won't want the hassle!
Keep a copy of your letter and keep re-sending until you get a response.

papermate

ReadingTim wrote: »

Well, you could always pay for it to be removed yourself if you're that worried about it killing you, or someone else.

But I suspect your actual question relates to trying to force someone to do, and pay for, something that they're not going to do anything about. To which the answer is that there's little you can do about it.

Thanks ReadingTim

In the email I sent to the supposed owner, I was quite reasonable in asking him if I would allow me access to his land and cut the tree down from his side myself, as it is the most viable method of removal. He's not even agreeing to this being done, in fact he is avoiding me whenever I see him. I might add that he is notorious for being less than cooperative in the past with other neighbours...

papermate

Mossfarr wrote: »

I would write to the freeholder. Even if they are not directly responsible I'm sure they will forward your letter or point you in the right direction as they won't want the hassle!
Keep a copy of your letter and keep re-sending until you get a response.

Thank you Mossfarr

That sounds like a reasonable idea. I wonder if anyone else has done the same in similar circumstances and had positive results.

NeilCr

papermate wrote: »

[FONT=&quot]Thanks Neil

It seems that this local council don't have anything to do with private trees though. I was hoping there might be a way of confirming that the leaseholder that I have mentioned is the responsible party for the land the tree is on or if I could approach the freeholder of the land to address this issue (and cut out the middle man).[/FONT]

The link indicates that local authorities can do something about trees on private property, though, if they are dangerous.

To be honest if I thought a tree was going to cause damage to humans and/or property I'd certainly lop down the overhanging branches as soon as I could

papermate

So would I Neil, but without authorisation I think it could be construed as criminal damage or theft of timber if not agreed by the relevant parties.

Slithery

As far as I'm aware you are perfectly within your rights to cut down vegetation that overhangs your land, as long as you give all the cuttings to the owner.

Mojisola

Slithery wrote: »

As far as I'm aware you are perfectly within your rights to cut down vegetation that overhangs your land, as long as you give all the cuttings to the owner.

... as long as you offer the cuttings back to the owner. If he doesn't want them, you have to dispose of them yourself.