Party wall tree help

ThisIsWeird

That's great news, and as good as you could hope for, I think.

I hope this is the start of a better time for you.

ThisIsWeird

(Still worth taking a few cuttings, tho'? A completely new holly wouldn't be quite the same )

funkyfifi

ThisIsWeird said:

That's great news, and as good as you could hope for, I think.

I hope this is the start of a better time for you.

Thank you, and thanks again for your support. I'm pleased we have a plan now, at least it's not as desperate as I thought at the start xxx
And I'll definitely do some research into cuttings xxxx

Devongardener

That’s good news!   It just seems so wrong that with permitted development there is no tree survey or right to have your trees and shrubs protected because they want to build an extension.    I’ve had problems with neighbours on one side and those behind,  we have the unusual situation where all our boundaries are shared, but this was totally ignored when they decided to remove a beautiful laurel hedge on one side and a big budlia tree at the back.  I had climbing roses and clematis growing through them, which fortunately I managed to rescue, but it was really upsetting at the time. 

macman

The tree has absolutely no part in any PWA. It's not part of the structure of the house or linked to it in any way. A brick boundary wall would be. A wooden fence or a hedge or a tree are not, however precious they might be to you.

ThisIsWeird

macman said:

The tree has absolutely no part in any PWA. It's not part of the structure of the house or linked to it in any way. A brick boundary wall would be. A wooden fence or a hedge or a tree are not, however precious they might be to you.

Perhaps not part of a PWA scenario, but it surely doesn't mean that a neighbour can just kill your tree as a consequence of their build, tho'?

SpudGunPaul

ThisIsWeird said:

macman said:

The tree has absolutely no part in any PWA. It's not part of the structure of the house or linked to it in any way. A brick boundary wall would be. A wooden fence or a hedge or a tree are not, however precious they might be to you.

Perhaps not part of a PWA scenario, but it surely doesn't mean that a neighbour can just kill your tree as a consequence of their build, tho'?

Can't the do what they want on their land? It's not their fault the roots maybe on their property. 

Auti

Thanks for the update and so pleased for you that it seems to be calmer and safer for your tree and you.

Doozergirl

ThisIsWeird said:

macman said:

The tree has absolutely no part in any PWA. It's not part of the structure of the house or linked to it in any way. A brick boundary wall would be. A wooden fence or a hedge or a tree are not, however precious they might be to you.

Perhaps not part of a PWA scenario, but it surely doesn't mean that a neighbour can just kill your tree as a consequence of their build, tho'?

Yes it does.  

 

Legally speaking, your tree roots, branches etc should not be on your neighbours land at all.  
It is not the neighbour's fault and shouldn't be portrayed to be.  

If your plants would rely on your neighbours land to survive, they shouldn't be near the boundary or you should be aware of the risk to them.  

ThisIsWeird

Surely not quite that simple?

If you actually had a tall tree on your side of the boundary, one that would almost certainly come crashing down should nearly half its roots be cut, then the neighb could not do this without being liable for the resulting carnage. (No idea what the correct approach is, but it surely ain't to slice down the boundary in the near-certain knowledge the tree was going to fall as a result).

That's my understanding. And if that is not the case, then there would surely be many hundreds of trees crashing to the ground each year from the actions of pee'd-off neighbours? With no come-back.