Tree Overhanging Our Property - Mid House Sale

Jumblebumble

tekton23 said:

princeofpounds said:

Edddy is right - if you don't want the branches there, organise to get them cut down yourself (subject to no TPO). You are perfectly within your rights to do so over your own land, as long as you offer back the wood. There is zero obligation on the tree owner to remove those branches. That's how the law on trees works.

https://www.herrington-carmichael.com/can-cut-down-a-tree-on-my-land/

If I could cut them down myself easily I would. The problem here is the cost associated, as they are huge and will require tree surgeons and a significant amount of waste to cart away. I'd estimate this is around £2-3k's worth of work, from recent quotes I've seen at other properties.
As the branches are likely to fall, my thinking is this is a safety issue that is the owner's responsibility.

In London £900 got us
A huge pine tree removed and the base stump ground to 20 CM below ground level
2 other smaller pine trees removed
All wood removed
It took a team of 3 one day

wilfred30

tekton23 said:

Chopping the large branches, will mean they have to drop in our garden and would destroy our property if done in the future.
T23

I've told you a million times, don't exaggerate   

AnotherJoe

eddddy said:

tekton23 said
 I'd estimate this is around £2-3k's worth of work, from recent quotes I've seen at other properties.

For cutting a few overhanging branches? That sounds like less than half a day's work for a tree surgeon gang.

I don't know where you are, but in the south-east, expensive corporate tree surgeon teams might charge £1k per day (and turn up in smart matching workwear outfits, and macho pick-up trucks).

Or a self-employed team with a transit tipper might charge about £650 per day. (So maybe £350 to £400 for half a day.)

Maybe more in London, maybe less outside the south east. 

I had a quote of £700 to trim and cut a 20m long 2.5m high leylandii hedge back to 2m high last year. I didnt take them up on it, but i suspect that was the going rate for here in the SE where everything like that costs 3x oop north.

So a few whacking big trees i can imagine would easily be that and more .

I've moved now !

As it happens one of the houses i looked at had two HUGE branches right over the top. As it was a big old oak i suspect it had a TPO on it.  It was rooted in next doors garden.

I gave that a wide berth.

Ashworks

We've just had a very large ash tree in our garden pollarded (all branches removed) as tree surgeon and council agreed it was unsafe due to rot in the trunk. It was a complex job requiring roped climbing, roping the branches to lower them and a cherry picker. They also removed most of the wood. Total of 2.5 days work for an expert team. £1100. 

As others have said, if you really think they are dangerous then get them assessed by an expert to confirm this (it won't cost much) , then speak to your neighbour with this evidence - they are potentially liable if anything happens (once they know there is an issue) so it is in their interests to do the work. You could also just try raising concerns and asking them to get the trees assessed themselves, but this may be less successful. 

 If the branches are not dangerous but you still don't like them, speak to the neighbours about having the work done at your expense.  Do check if there is a TPO on them and they are not in a Conservation area first though. There is some helpful info here: https://www.trees.org.uk/Trees.org.uk/media/Trees-org.uk/Documents/GuideToTreesAndTheLaw-Web.pdf

If you cant contact the current owner then you have no choice but to wait until the new neighbours move in - but maybe wait and get to know them a bit first? In any case doing it when they are in mid sale is not going to get you a warm reception!

Ashworks

I should also add that our tree overhung our garage and drive, and the team managed all of the work without a single bit of damage or destruction. They gently lowered each branch on ropes. And these branches were way over 30-40cm. There was nothing left to show they had been except a neat pile of logs.

p00hsticks

tekton23 said:

macman said:

Since you have no way to contact the buyer, and have only emailed the EA, how do you know that 'exchange is imminent'? That info is confidential, so no sensible EA is going to divulge the state of negotiations.

You are entitled to prune back the trees to the boundary line, so you ether do that, or wait until the new owners are in occupation and ask them to do it. Although I'd imagine they may have other more pressing priorities if/when they do move in.

The EA told me that exchange is imminent. 

Correction: Exchange WAS imminent, until the next door neighbour threw a last minute spanner in the works by attempting to talk to both buyer and seller about 'dangerous' trees that they are expecting 'thousands of pounds' of work to be paid for by one or the other...

If I was either the buyer or seller and you came to me with this at this point, weeks away from a Stamp duty deadline and having presumably sat on your hands for weeks / months whilst having first seen the 'for sale' sign go up and then change to a 'sold STC' sign, you'd have lost any chance at all of any good will gestures from me.

Talk about getting off on the wrong foot with a new neighbour.....

saajan_12

tekton23 said:

AdrianC said:

tekton23 said:

We have just bought a house and are refurbishing it, ready for a move in 3-4 months. The house next door is being sold, it is currently under offer and they are doing the paperwork with exchange imminent.
There are some large trees in the neighbour's garden, with big branches (circa 30-40 cm diamater) that overhang our garden. They do not look safe and we'd like them removed.

Why do you say "don't look safe"? Simply because of the size? 30-40cm diameter really isn't that big, even before any allowance for exaggeration for dramatic effect. Are these trees under a TPO, either explicitly or blanket?

Let's see some pics...

It would be far better to have the current owner hire a tree surgeon now, so that we do not have to risk our relationship with the new owner. I have emailed the estate agent to give notice of the issue and asked that they let both the seller and buyer know. They have said they have just told the seller, but they are (so far) unresponsive. I would like to let the buyer know, so they are aware and can negotiate this with the seller, before they move in.

Have you considered that the vendor may not see the point in spending on a tree that won't be theirs for much longer, and the buyer may actually LIKE the tree? Why did you buy, if you don't like the established tree?

This is not only for good relations, but also because our side is a building site, they can easily access and make a mess. Chopping the large branches, will mean they have to drop in our garden and would destroy our property if done in the future.

Rubbish. A half-way competent tree surgeon will leave virtually no sign of their presence, other than footprints and a bit of sawdust - and, hey, maybe some free firewood for you... They'd rope the timber down in small sections, placing them gently on the ground.

I have no other line of communication to the buyer, other than via the agent. How can I contact and make the buyer aware? Is the estate agent obliged under law to notify them, if I give the agent notice of this issue?

No. Your preference to have next door's tree trimmed is nothing whatsoever to do with the EA or the sale.

What other methods are there?

Wait until they move in, then go round with a cake to welcome them to the area, and gently raise the subject.

I presume you've spoken face-to-face with the vendor, your current next-door neighbour...?

Unsafe as they ben 90 degrees upwards at the mid-point in their length and are around 10 m in length oversailing our garden.

Pictures are not relevant, the trees branches do need to be managed and at least reduced in size.

Why did we buy? The issue of overhanging branches is not such as serious issue as to put us off buying the house.

Yes, of course I have considered the vendor doesn't want to spend the money on an item such as this. The whole point is to notify the buyer, so they can negotiate the cost of this against the sale before they move in.

Sure, a good tree surgeon should leave no trace but access is far easier currently as the side yard is open and it is easy to reach with a truck or van. Once the garden is planted and side wall this will not be possible.

I have not spoken with the neighbouring owner, they live in Belgium. The property is empty currently and my only method of contact is via the estate agent looking after the sale.

Do you have any useful comments or advice on how to contact the buyer? Thanks for your other points.

Dangerous would generally be if the tree is actually rotten. Trees stand, bends and all, for years (if not decades or centuries). Says who that the trees do need to be managed?

No, the whole point is what if the vendor AND buyer both don't want to negotiate this into the contract, given its a non issue for them? Negotiating means one of them is getting less / paying more than they would otherwise.. why would they? 

Ultimately, your options are
1) convince the old / new neighbour to cut them down (ZERO obligation on them.. maybe you can offer to pay? but they may refuse if they like the trees)
2) Prove the trees are dangerous (from an independent opinion, would likely need to be rotten) and then demand the neighbour manage / cut them down.
3) Trim branches your side, at your cost

You only have a right to (3), maybe (2) if you turn out to be correct. (1) would be entirely up to negotiation, no one is under any obligation to listen / pass on the message.