Tree on land next to house

kensiko

Hello all

I am looking for a little advice regarding a large tree that is causing issues with the sale of a house.  The last viewing said 'it's good, but there is no light in the rear garden', so it is now causing issues.

The house sale is:

https://www.rightmove.co.uk/properties/146715545

The tree is on the right hand side as you look at it and has been asked to be cut down several times over many years by the company 'Orbit' but they are not replying to any letters.  It is now obstructing light and also as it's so close to the roof of the house is allowing access for animals.

The tree can be seen more at this image:

https://www.rightmove.co.uk/properties/146715545#/media?channel=RES_BUY&id=media5&ref=photoCollage (the big one at the very top right of the image, so cant be seen very well).

Can this be forced to be removed by the company who owns the land?
I have looked into tree preservation and there is nothing in the area:
https://opendatanew-tunbridgewells.opendata.arcgis.com/datasets/f9584d4ee82c4e438a66cf55134ae3b7_0/explore?location=51.178128,0.380138,16.92

I will be contacting Orbit once again who I assume own the land as there is a service charge on the property, or would this be an issue with the council?

Any advice is much appreciated.

Grumpy_chap

Looking at the listing, it is not clear that the tree would block light to that level of severity.
Which way is south?
How does the sun in the garden move through the day?

It may well be that the viewer simply did not feel the house was the "one" but couldn't put a finger on why so simply said "the tree" as they felt they had to say some reason.

Section62

Grumpy_chap said:

Looking at the listing, it is not clear that the tree would block light to that level of severity.
Which way is south?
How does the sun in the garden move through the day?

It may well be that the viewer simply did not feel the house was the "one" but couldn't put a finger on why so simply said "the tree" as they felt they had to say some reason.

If I'm looking at the right house the trees seem to be on the north-west boundary.

I'd expect the owner might agree to pollard them (again), but I think removing the trees completely would cause a lot of complaints.

FreeBear

Grumpy_chap said:

Looking at the listing, it is not clear that the tree would block light to that level of severity.
Which way is south?
How does the sun in the garden move through the day?

Looks like the tree is to the West, so would cast a shadow in the afternoon. On the plus side, the garden is South facing, so gets a reasonable amount of light the rest of the day.

njkmr

Not a deal breaker that tree.
Something else has put them off.

PixelPound

njkmr said:

Not a deal breaker that tree.
Something else has put them off.

Does sound more like an excuse for a prospective buyer to pull out rather than give the real excuse why they don't want to proceed. There are specific measures regarding the right to light and although it is difficult to just the actual distances from the photo, it does not look like it would be of concern. It is okay to have a tree that spoils your view or even casts a shadow some of the day. Casting a shadow over the garden does not come into any light restriction aspect as that only applies to windows. 

If Orbit have pruned back the tree several times, then it does seem they are being responsible and have a schedule to pollard the trees on their estate. So maybe they don't feel they need to respond to a house owner trying to use it as a reason their house does not sell.

ognum

It's not the tree, honestly the tree is the best part of the listing!

Bookworm105

there are millions of gardens that get shaded by trees. Campaigning to get yours cut down for that reason alone in this environmentally aware era explains why the HA ignore you.

Murphybear

Does the tree have a tree preservation order?  You should be able to check with the council.  If it does then it can’t be cut down (unless it’s seriously infected).  

FreeBear

Murphybear said:

Does the tree have a tree preservation order?  You should be able to check with the council.  If it does then it can’t be cut down (unless it’s seriously infected).  

That was one of the first things I checked - There are very few trees in the area with TPOs, and unfortunately, none in this neighbourhood are covered. Shame really, as those trees are an asset to the community and should be protected.

BonaDea

The tree is an asset!  I'm looking to buy at the moment (in a city) and have the problem that I can't find a place with trees near the house.  I won't buy anywhere denuded of trees.

But that's just me .... more to the point, I agree with others that that tree is not really blocking light, and is being used by the viewer as an excuse.  Perhaps they didn't really know why the house didn't appeal to them, or perhaps they did know but for some reason thought it would be tactless to say what it was they really didn't like.