Buying a property with an ancient weeping willow in situ?

Slimby

Could anyone point me in the direction to find out what responsibilities may come with buying a property with a weeping willow in the front garden?

The house is on a normal residential street, not exactly country grounds or anything, and the tree has in the past grown so large that it engulfed both the house in question and the neighbouring property. I appreciate that if we bought the house then there will be maintenance costs involved that I need to research further.

My worry is could anyone order the tree be removed (like a disgruntled neighbour or the water company?) It has been there for a very long time (20 years or so) and this particular neighbourhood is a conservation area. Where can I check if a tree has a tree preservation order? 

I did some research and see they can damage drains. I will of course look into the position of the drains to be sure but... would an indemnity policy cover this sort of thing?

seradane

Your local council likely has a planning map, where you can see the TPOs (and other planning constraints).

e.g. http://mydistrict.chichester.gov.uk/mycdc.aspx?tab=maps

Tiglet2

Weeping willows, while lovely, suck the moisture from the ground which can cause serious subsidence problems to nearby properties, as well as damage to underground pipes and drains.  How far away is this tree from the house?  Is there a nearby river/lake from which it can take water?  Similarly, if you take the tree down, it can cause heave.  You should be able to check whether there is a TPO at the Council.

You can ask your solicitor to make enquiries about the position of the tree and whether there have been any subsidence/heave problems in the past.  The Property Information Form does ask whether there have been any problems in this regard.

Personally, I would be very wary of this property.

Slimby

seradane - I might need to contact my LA - ty for letting me know.

Tiglet2 - It is a beautiful tree but it does worry me that it could cause severe issues to the property structure. It is probably 4 meters away from the house and there is no nearby water. Another concern is whether it will reach its natural life span, die, then cause heave, as it is most likely older than me at this point. I guess there is a good reason you never see these trees so often on smaller plots of land!

greatcrested

1) if the property is in a Conservation Area, the tree (and property) may be protected or limited in what you can do.Check the council website.

2) if the tree has a Preservatuon Order on it, likewise.

3) if the tree is close to your, or a neighbour's, property, it could cause damage if/when it grows big. An arborist could tell you.

4) if the tree overhangs a neighbour's property, they can cut back the overhang (subject to 1 & 2 above)

5) if the tree (roots) causes damage to a neighbour's property, they can ask you to reduce/remove it. If you fail to do so you could be liable for further damage. But they'd have to a) prove damage was caused by the tree and b) 1st ask you to remove- I don't think they can simply claim out of the blue

6) if the tree is not next to a lake, pond, river etc, it is possible there is an underground stream as willows like water.... might be worth ivestigating.....

Slimby

greatcrested - Thank you for the comprehensive answer.
I will look into an indemnity, if the tree is protected, and have a surveyor check it over thoroughly. 

greatcrested

Slimby said:

greatcrested - Thank you for the comprehensive answer.
I will look into an indemnity, if the tree is protected, and have a surveyor check it over thoroughly. 

Surveyors are not tree specialists. He will simply recommend you speak to an arborist.

If you feared you had cancer, you would not expect your GP to diagnose, but to direct you to a relevant specialist.

theoretica

You imply it has been cut back from taking over the property and neighbours - if it is protected there should be a paperwork trail which might be interesting to look for.

[Deleted User]

What would you hope an indemnity policy would protect you against? 

Slimby

greatcrested - Good shout - I will contact one for their advice.

theoretica - Annoyingly I have to contact the LA directly to find out if the tree has a protection order. Bit of a slow process unfortunately! 

Deleted_User - My thinking was along the lines of if it was an extension that had been built, without planning permission, over a sewer line. If access were needed to be gained by the water company, or if damage was done to the pipes by the roots, would we be liable? Similarly if the tree were to damage the neighbours property, would an indemnity cover us for this? Or would regular insurance cover this sort of thing?

davidmcn

Slimby said:

It has been there for a very long time (20 years or so)

If 20 years is "ancient" these days, I wonder what that makes me?

Or do you mean it was already ancient before it was moved there?