Tree issues with new build

Sbrimble2020

We recently brought a new build that prior to the build was a greenfield site. While it was a greenfield site the house that our back garden now looks onto had grown a massive big monkey tree in there garden. it's massive. It blocks light into our garden and lounge but more importantly we are really worried should it become a health and safety issue if it came down in bad weather it would most certain write our bungalow off. We spoke to the guy who's house has the tree, thought it was going to go well we discussed cutting it down all together or just bringing it to a reasonable safe height, we even said we would help with the cost. He has now changed his mind in doing this, it seems that we cannot use the high hedge notice as it is just one tree but surely as this use to be a greenfield site there is something we can do to pursue having the tree chopped down to a reasonable height. we also have the neighbor next to him also has a massive tree that overhangs and could potentially damage our property.. Anyone have any advice would be great  thank you

Teapot55

Hi @Sbrimble2020 Did you have a survey done when you bought your new property and if so, did the surveyor mention the trees?

When you got a quote for house insurance were there questions about any nearby trees?

Brie

Only thing I can advise is to try to figure out how high the tree is so you know whether it's something you have to report to the company that provides your building insurance.  That way if something does happen you'll know that the insurance will cover the repairs.  

4 Ways to Measure the Height of a Tree - wikiHow

Personally I'm on the side of the neighbour who doesn't want to cut the tree.  For one thing it will ruin the natural shape of the tree, secondly it's likely full of bird nests, squirrels and bugs etc, and - best of all for you - it will provide a lot of nice shade for you in the summer when the weather is too hot.  We have 2 massive trees either side of our house and one gives us welcome shade in the morning and the other in the afternoon.  Without them our house would be much too hot in the summer.  

If the tree is very large and of an age there's likely a protection order on it which would prevent removal and possibly extensive pruning.  And you must have know that the tree was there before you bought your house - sorry. 

baser999

Did you have your conversation with the neighbour before or after you signed up to buy the house? 

MattMattMattUK

Sbrimble2020 said:

We recently brought a new build that prior to the build was a greenfield site. While it was a greenfield site the house that our back garden now looks onto had grown a massive big monkey tree in there garden. it's massive. It blocks light into our garden and lounge but more importantly we are really worried should it become a health and safety issue if it came down in bad weather it would most certain write our bungalow off. We spoke to the guy who's house has the tree, thought it was going to go well we discussed cutting it down all together or just bringing it to a reasonable safe height, we even said we would help with the cost. He has now changed his mind in doing this, it seems that we cannot use the high hedge notice as it is just one tree but surely as this use to be a greenfield site there is something we can do to pursue having the tree chopped down to a reasonable height. 

How exactly did they grow this, Monkey puzzle trees take around a decade to get to six meters, after a hundred years it might top out at twenty five meters, so it is unlikely to have just popped up overnight. The tree was there first (otherwise it would not be a big enough size to present an issue), it is unreasonable to expect the neighbour to cut it down for your benefit. 

Lots of things could fall over in a storm, but healthy trees do not get pre-emptively cut down based upon someone's fears that they might fall over and damage things. If they are dead, dying, diseased etc. then that is different, but there is no health and safety reason to lop a healthy tree. 

You cannot "pursue" anything because the tree is doing nothing wrong, it's height is reasonable. 

Sbrimble2020 said:

we also have the neighbor next to him also has a massive tree that overhangs and could potentially damage our property..

If the tree overhangs your property then it can be trimmed, provided that will not cause significant damage to, or kill the tree. However remember that councils also have restriction on what trees can be cut back and that applies regardless of any overhang or not. 

Sbrimble2020 said:

Anyone have any advice would be great  thank you

Ignore the "potential damage" idea, with healthy trees it is not relevant, not will it sway any arguments. You appear to have bought a house in a location where you take issues with the surrounding area, that is not your neighbours issue. 

Dustyevsky

Speaking as someone who's walked away from otherwise desirable properties at the prospect of suffering a neighbour's overbearing trees, I think you have made an inexperienced buyer's mistake. In the light of that, it's unfair for you now to expect the owners of these trees to fall in line with your wishes. As you've found, they most likely won't.

The best thing to do is learn from the experience, making sure the site of the next property you buy is properly evaluated. Potential buyers usually focus heavily on the house, but some don't look far enough beyond that at things like aspect, overlooking, shade in winter etc.

FreeBear

By all counts, Monkey Puzzle trees have a very large tap root going down roughly half as much as it is high. As long as the tree is healthy, it is highly unlikely to come down in high winds.

The tree was there long before your house was built, so not much you can do about it.

ArbitraryRandom

Another vote for the tree was there before you purchased - meaning you can ask nicely, but it's entirely your fault you're living somewhere that's overshadowed by trees in two neighbour's gardens. 

As you're in a new build and this is an established (slow growing) tree, the tree will have been there during the initial survey for the estate and any risks would have (should have) been taken into account as part of the planning process - if the developer didn't get it cut down then it's very unlikely you would have any legal rights to do anything at this stage. If the tree DOES actually cause damage at any point then that would be a different matter (assuming you have honestly answered any questions on your insurance applications and read the T&Cs re proximity to large trees). 

If you intend to live here for some length of time, I would recommend you don't start arguments that could lead to ill will - especially with more than one neighbour... if you're not intending to live there for the long term, then I would equally recommend you don't start disputes that you will be legally obliged to declare on selling  

theoretica

Have you looked at the planning documents for your property?  You might find something in there showing that the developers considered the trees and did not build in a dangerous place.

kiss_me_now9

We have a huge fir tree in our diagonally adjacent neighbours back garden. Must be pre our house (a post War 'new build' from the 1950s when the town we live in boomed with WW2 factories). When I say huge, it's easily the height of three houses. It drops pine cones and needles all over our garden and blocks the sun from 80% of our (bigger than average) garden. If you're unlucky you might get a pine cone on the head when you're hanging the washing out But we get free pine cones in abundance which we burn, it is home to lots of birds and insects and I suspect it will be here far longer than most of us.