How to broach neighbouring tree

Xplosivgas

I'm concerned that a large neighbouring tree may potentially cause damage to my property. Can i legally compel the owner of the land on which the tree stands to have it removed? My understanding is that the owners would be liable for any damage caused to my property by the tree - is this correct?

I bought my house about 12 months ago and there's a tall tree just the other side of a wall. At the moment I have a car port and sun room running along the wall, but in the future i may decide to extend the kitchen where the sunroom is currently and I'd want certainty the tree will not damage it before incurring significant expense. It's hard to tell for sure if the tree is currently impacting on my property as the sunroom has been built pretty badly by the previous owner (though it's still a useful space for the tumble dryer and bike!)

I haven't raised the tree issue with the owner (who i don't know) yet. When I do I'll be very polite to try and get them on-side, but I'd like to know my position in case I get a negative reaction. Should I get a structural engineers's written opinion before broaching the subject? As there's currently no major urgency I'm thinking maybe initially asking the neighbours for the tree to be cut back at my expense, just to have a low key intro and to get to know them instead of going straight in with a big request!

Any advice on the best approach and the legal position re. problematic neighbouring trees would be appreciated!

Davesnave

You are incorrect in thinking that if a neighbour's tree, or part of it, fell on your property, they'd automatically be liable for the damage. In most cases, God is found liable, but as no one knows his address, it would be your home insurer who would probably pick up the tab. Just a thought....does your insurance cover garden walls? Some don't.

The neighbour would only be liable if they had prior knowledge that the tree was dangerous, and that info would have to come from an expert, not supposition.

The tree was there when you bought the property, so deciding it's now inconvenient means it's late in the day for having any control of the matter. As it is their tree on their land, the neighbour may not wish to cooperate if you were to ask a tree-surgeon to look at it from a safety angle. After all, they have good reason not to, because if something bad arises in the report, they are then liable, as explained.

A structural engineer would not be the person to ask about trees, but he/she could tell you if the wall is likely to fall down.

You could ask the neighbour if they would consent to having the tree reduced at your expense, but as a tree owner I'd be unwilling to go down that route, unless I saw an advantage in this for me, especially if it was an oak or other valuable tree. The fact that it's still just a 'tree' with no ID, shows your appreciation of it as a landscape feature and wildlife habitat is currently quite low. If it were a self seeded sycamore it might be much better removed, so your plan could work, but even then, you'd be in trouble if it has a preservation order on it.

More research and prep needed; firstly to see what the 'tree' is and if it has a TPO. The Tree Officer at the council will know. Then, befriend the neighbour.

Over to you.

moneyistooshorttomention

Valid point as to what type of tree it is imo.

Those of us who've had gardens for a while know just how many sycamore seedlings can blow into a garden and just how fast the blighters would grow if not pulled out pronto (think it's about 3' a year?). I'm forever pulling those darn seedlings up personally. If it's a sycamore - there is a possibility that it was a blow-in seed and the neighbour never got round to pulling it up.

If it's a leylandii - there is a possibility the neighbour/previous owner of their house deliberately planted it - but didnt realise just how tall it would get/how fast they grow.

If it's any other tree - it's highly probable that it was put there deliberately and has grown at the rate they thought and they're quite happy with it being there.

I'd say - first identify what tree it is and then you might have a better idea whether the neighbour would go "That's good - I've been wanting it trimmed/gone (because it's a sycamore or leylandii)" or "Forget it - I put that tree there and it's how I want it".

Norman_Castle

Just talk to the neighbour about it. They might like it or they may be indifferent. Explain your reasons but be reasonable with their response. Its their tree on their land which they are not obliged to remove.

MysteryMe

Presumably you had a survey done only 12 months ago, was damage by the tree or the potential for it mentioned then?

I think you need to be much more informed about the subject before approaching the neighbour. As said above, knowing what tree it is a good start.

theoretica

You are worried the tree might damage an extension you may build in future? Seems a fairly weak reason for imposing on your neighbours now.

Smodlet

If any part of the tree overhangs your property and you are unhappy with that, you have the legal right to trim, lop or otherwise remove only the overhanging parts, back to your fence/boundary. You also have the legal obligation to offer them back to the tree's owner. You may not cut it back further than your boundary.

I think G_M's tea and cake approach is appropriate in this instance.

Xplosivgas

Thanks for the replies.

To answer a few points in the string;

I think it's a silver birch tree. It's as tall as my house and some of the branches overhangs my property - almost up to the house.

If as the tree matures the roots begin to cause damage to my property, will the neighbour not be liable for damage caused by the tree if I gave prior notification having obtained expert input?

Obviously I'm going to try and deal with this by being friendly but just wanted to get some info on here (btw - their garden is a bit of a state with it being used as a car park and the tree is at the end behind a shed - so there's a chance they may not be too bothered about it)

diggingdude

It seems to me that all the problems are yours not the neighbors so you may have to throw a wad of cash their way todo anything. Have a dig in the ground your side of the tree and see what the roots are doing

Xplosivgas

There's nowhere on my side to dig and check. Against the wall on my side are the sunroom and concrete driveway.

From my online research a while ago the legal position was quite different to some opinions on here (I.e. If the tree was there before the sunroom it's tough if it causes damage to neighbouring property). I'll get a professional legal opinion if the friendly approach doesn't work.

Thanks all for the comments.

Davesnave

Now it's clear that what you are worrying about is subsidence rather than bits dropping off the tree or the tree falling over, the good news is that birch aren't particularly prone to cause it, especially if your soil isn't clay-based. Indeed, on soils without heavy clay content, trees rarely cause a problem to buildings.


As the extension you propose would be modern, with foundations about a metre deep, it's unlikely the tree would have any impact on it at all.


If your soil is clay based, then the council building inspector would take account of the tree and ask you to adjust the footings accordingly, just as they would for any other existing sub-surface feature, like a sewer. They wouldn't go next door and ask them to have the tree felled, since the tree wouldn't be causing any immediate risk that couldn't be minimised in the building process.