Disputes over the tree roots in neighbour’s garden

JefferyUK

I have a 30-years-old willow tree growing near the boundary. It’s been confirmed by the tree surgeon that is decayed and need to take down ASAP. The tree surgeon will also grind out the tree stem. I believe some roots will be left the ground inevitably cause it is a big tree.  

However my neighbour loves the tree as the screening tree to protect privacy. She tried to stop us. But it’s our tree, we have the right to fell it. Then she required us to take out every single dead tree root from her garden, and claimed this is my responsibility, otherwise she can’t grow anything on the land.  Is that true? 

The tree root might have extensive coverage under her garden. It could be very expensive to dig out every single root from a well built garden. I don’t see why I have to do this on her garden. Does anyone has experience over the tree roots disputes?  Thanks in advance

Martin_the_Unjust

She is talking nonsense, take the tree down and ignore her

greyteam1959

She is talking rubbish.
Difficult to do but politely ignore her.

MalMonroe

Your neighbour didn't have any problem with the roots before you told her the tree was being felled so she can't have been that bothered. What is it that she's suddenly so desperate to grow in her garden now that the tree is going?

It seems that she's just winding you up. If the roots have never caused problems before, why are they doing so now?

Have you told her that the tree's dead and dangerous? 

There's some info in this link https://www.rhs.org.uk/advice/profile?pid=1022

But it seems as if there's little she can do if no major damage is being caused by any roots. But if any damage had been caused, she could refer to her insurance policy. 

It's not your job to get rid of the roots, especially as she's never complained about them before. 

FreeBear

JefferyUK said: However my neighbour loves the tree as the screening tree to protect privacy. She tried to stop us. But it’s our tree, we have the right to fell it.

As long as there isn't a Tree Preservation Order in place, you can indeed fell it if you wish. Depending on the volume of timber being felled, you may need to apply for a Tree Felling Licence, but this is rarely a requirement in an average sized garden.

As for the roots - They're in her garden, so hers to do with as she wishes. Unlikely that the roots will throw up suckers as these normally come up around the stump if left. Your tree surgeon would be able to confirm this.

You could offer to hire a mini-digger for the day, but ripping out any roots will make a right mess of her garden. But then she would probably expect you to landscape and reinstate any plants destroyed - The best point to stop this madness is right at the start with a very firm "No".

warby68

I presume you are following normal practice as advised by the tree surgeon.

I would just tell her that.

Rosa_Damascena

Much as I love the look of a willow and can see you're neighbours perspective, ultimately if they are anywhere near the house I would forget it, they suck the moisture out of the ground and kill foundations.

You'd actually be doing her a favour by leaving the roots on her side intact if she is so wedded to willow bliss, she can look forward to cultivating one on her own side of the fence.

Norman_Castle

"she required us to take out every single dead tree root from her garden otherwise she can’t grow anything on the land.  Is that true? "
What does she think happens in unmanaged woodland? I'd expect the decaying roots would provide nutrients in the soil.

JefferyUK

Thanks a lot everyone!!  

You guys were so great and I’m now more confidence to move on with the tree work! 

It seems that she got the idea from her gardener, regarding why to take out the dead tree roots. But anyway, I will let the tree surgeon to explain on the day and then move on! 

Davesnave

Rosa_Damascena said:

.....if she is so wedded to willow bliss, she can look forward to cultivating one on her own side of the fence.

Indeed, the growth stimulation of being severed at the usual growing point will send up a veritable army of stems on her side. She can look forward to a lifetime of weaving, wattle construction and also cultivate her own privacy jungle. What's not to like?

Eldi_Dos

@JefferyUK, 30 years seems young for a Willow tree,have you thought of getting second opinion on whether tree can be rejuvenated.If you do decide to fell do not worry about roots,nature will take it's course.