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Big Trees in neighbours garden

13

Comments

  • Davesnave
    Davesnave Posts: 34,741 Forumite
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    TELLIT01 said:
    Davesnave said:
    TELLIT01 said:
    Our neighbour is allowing a sycamore seedling to grow.  In the space of a couple of years it's about 15 feet high and as the canopy forms it will shade our patio in the evening - exactly the time we are most likely to use the garden.  We've been in the house over 30 years and the neighbours even longer. 

    Offer your neighbours the chance to plant something better that won't get aphids that drop sticky honeydew all over everything, maybe by going halves on a mature root balled tree of higher breeding. After all, you must know them reasonably well after 30 years....

    We do know them pretty well and he's pleasant enough, but shall we say he marches to the beat of a different drummer. A couple of examples, a few years ago his kids paid to have his garden sorted out and all the brambles etc from the bottom half of the garden removed (we have long gardens).  He was really pleased with the result, but did absolutely nothing to stop the regrowth so in a couple of years it was back as bad as ever.  He has also been painting the outside of his house for about the past 18 months.  He'll do a small area then nothing for weeks on end, then another bit.  He's clearly decided he wants this tree as he's removed the lower branches to make it easier to get past.  His back lawn is no more than 20 feet square yet he bought a massive petrol mower with rear roller and will spend an hour or more mowing.  There is very little grass anyway as he has a couple of rescue dogs which use the area as a toilet.

    All the more reason to show the neighbour his choices are affecting you so negatively, you'll pay to alter that situation.
    This is no different from my building a boundary fence on both sides of our 100' garden at the last house. The neighbours were not troublesome, but we didn't want to share our garden them, so it fell to us to fund the change.

  • What can I do to prevent something which is going to happen?  After my neighbours moved in, they turned their garden (which was largely lawn) into a wood, by planting trees all over it.  One of these is an oak, which was planted 10 ft or so away from my house.  Both our houses are Edwardian, but mine is smaller and has very shallow foundations, while my neighbours' somewhat  bigger house has a full height cellar.

    We live in a clay soil area, and I am concerned that the tree's roots will eventually damage my house, due to the soil type and our shallow foundations.  Do I have to wait until my house actually develops cracks, has to be repaired, and its value and saleability is thereby also adversely affected before I can legally do anything? This would mean that I am almost certainly likely to be out of pocket even if I claimed on insurance, as the diminution of value etc. would be hard to quantify. .Or would a report from a suitable professional (structural surveyor? Or someone else?) be sufficient for me to get an injunction to take down the tree, if the expert's opinion was that in the circumstances there was a  high probability that the oak that close to my house would cause damage?

    While I can understand that the possibility of future damage is not usually actionable, is there a stage where the probability of damage is enough for preventative action to be possible?  It seems unfair that something which can be shown to constitute a very probable danger cannot be forestalled.

    I also know that it is always best to approach people reasonably and gently to discuss matters, and I would of course do this first, but it is unlikely to be productive in this case.
  • My neighbours have planted trees over much of their garden.  One of these looks like an oak, which was planted 10 ft or so away from my house.  Both our houses are Edwardian, but mine is smaller and has very shallow foundations, while my neighbours' somewhat  bigger house has a full height cellar.

    We live in a clay soil area, and I am concerned that the tree's roots could eventually damage my house, due to the soil type and our shallow foundations.  Do I have to wait until my house actually develops cracks, has to be repaired, and its value and saleability is thereby also adversely affected before I can legally do anything? This would mean that I am almost certainly likely to be out of pocket even if I claimed on insurance, as the diminution of value etc. would be hard to quantify. .Or would a report from a suitable professional (structural surveyor? Or someone else?) be sufficient for me to get an injunction to take down the tree, if the expert's opinion was that in the circumstances there was a  high probability that the oak that close to my house would cause damage?

    While I can understand that the possibility of future damage is not usually actionable, is there a stage where the probability of damage is enough for preventative action to be possible?  

    I also know that it is always best to approach people reasonably and gently to discuss matters, and I would of course do this first. I would just like to know what avenue might legally be available.
  • Davesnave
    Davesnave Posts: 34,741 Forumite
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    I expect a few people will give you false avenues to explore, but there is probably nothing you can do with any certainty of a result, except move.

  • Ectophile
    Ectophile Posts: 8,079 Forumite
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    Davesnave said:
    I expect a few people will give you false avenues to explore, but there is probably nothing you can do with any certainty of a result, except move.

    That's incredibly defeatist.  if a neighbour plants a tree too close to your house, you have no choice but to move house.

    If the tree becomes a nuisance, then you can claim against the neighbour for any damage.  You would need a proper surveyor for that.  The threat of expensive legal action may be enough to get the neighbour to remove it.
    If it sticks, force it.
    If it breaks, well it wasn't working right anyway.
  • Davesnave
    Davesnave Posts: 34,741 Forumite
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    Ectophile said:
    Davesnave said:
    I expect a few people will give you false avenues to explore, but there is probably nothing you can do with any certainty of a result, except move.

    That's incredibly defeatist.  if a neighbour plants a tree too close to your house, you have no choice but to move house.
    If the tree becomes a nuisance, then you can claim against the neighbour for any damage.  You would need a proper surveyor for that.  The threat of expensive legal action may be enough to get the neighbour to remove it.
     I don't believe I said the OP has no choices because that is never correct, but to be sure of a result here, moving might be the best option. It's the one we took many years ago when (pre-legislation) a neighbour planted a line of leylandii on the sunny side of our small garden. We  moved a short distance to a better house, where we watched our old house disappear like Sleeping Beauty's castle.....
    There were other options. I could've taken a chain saw to the trees and bought years of sunshine via a modest fine for criminal damage, but my professional position would not have survived that. I might have poisoned the trees, but that also came with risks. I could have attempted bribery, but who wishes to reward the perpetrator of such a thoughtless act? In the final analysis it was best to do none of those things.
    The OP asked if there was a  way to pre-empt the damage they foresee. You have given them the advice that they may claim for the damage once it has occurred, which not the same thing. However, if they employ a tree surgeon now and their expert report suggests a high likelihood of future structural damage, it could be forwarded to the neighbour via a solicitor. This might cause the neighbour to remove the tree to avoid a future claim for negligence.
    You will note the word 'might' in the above scenario, which is there because even spending a considerable sum in that mannerwill give the OP no certainty.
  • Ectophile
    Ectophile Posts: 8,079 Forumite
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    I think the plan would be to wait until the tree is big enough that it could cause damage.  then get expert advice.  then threaten the neighbours with a really big bill if the tree does cause damage.  Not ideal in many ways, but probably the least bad option.
    Unless, of course, the neigbours can be persuaded to be sensible and get the tree dug up and moved before it has a chance to get established.
    If it sticks, force it.
    If it breaks, well it wasn't working right anyway.
  • It sounds to me as if the OP is just annoyed that some of the branches are over hanging onto his property, not that he thinks the tree is going to cause damage to his property. 

    So OP, if the neighbour has not bothered to do anything about it after you have asked, perhaps ask them if they would mind if you did it yourself. It might just be that they haven't got the correct equipment, are scared of heights, or simply can't be bothered. 
  • Mistral001
    Mistral001 Posts: 5,432 Forumite
    Part of the Furniture 1,000 Posts Name Dropper I've been Money Tipped!
    edited 11 May 2020 at 4:32PM
    The OP gave very few details in their first and only post over two weeks ago and has not been back since.  
  • Ganga
    Ganga Posts: 4,253 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Reading these posts made me wonder, IF your next door neighbour planted a large tree on your border would you legally be allowed to dig down on your own land and remove ALL the roots from the tree that came onto your property? I know this would weaken the stability of the tree but again would this be legal 
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