Tree with TPO

[dario]

Hello all,
*Am wondering if anyone can help with the legalites of this. I own a house at the head of a small cul-de-sac. I have a perimeter fence at the front which my house faces and fence and hedge down the side of my house. Running parallel with the fence and hedge is a track leading to a few cottages in which I believe the owner of the tree lives. The track comes off at right angles to a B road which my house faces. Just at the corner outside my fence and at the mouth of the track is the large tree. The tree is now touching my house and has caused damage to the gable end ridge tiles which I have had fixed.
* ** I paid to have a survey done about 12 yrs ago and employed a tree surgeon to do the work after planning was approved. The tree now needs cutting back again. I have some friends who have quite a bit of experience through their working lives who are convinced I should not be paying for this work. I cannot find a definitive answer anywhere on the internet or by talking to tree surgeons. The tree surgeon I have recently spoken to doesn't think I'll have any joy getting the council to foot the bill. I hope this makes sense to any readers. I would be very grateful of any knowledge any of you might have.

*Thank you in advance for reading and any replies.
*Dario

[45002]

Hello all,
Am wondering if anyone can help with the legalites of this. I own a house at the head of a small cul-de-sac. I have a perimeter fence at the front which my house faces and fence and hedge down the side of my house. Running parallel with the fence and hedge is a track leading to a few cottages in which I believe the owner of the tree lives. The track comes off at right angles to a B road which my house faces. Just at the corner outside my fence and at the mouth of the track is the large tree. The tree is now touching my house and has caused damage to the gable end ridge tiles which I have had fixed.
I paid to have a survey done about 12 yrs ago and employed a tree surgeon to do the work after planning was approved. The tree now needs cutting back again. I have some friends who have quite a bit of experience through their working lives who are convinced I should not be paying for this work. I cannot find a definitive answer anywhere on the internet or by talking to tree surgeons. The tree surgeon I have recently spoken to doesn't think I'll have any joy getting the council to foot the bill. I hope this makes sense to any readers. I would be very grateful of any knowledge any of you might have.

Thank you in advance for reading and any replies.
Dario

Simmer thing happened to neighbour of mind.

They needed the permission of the local council 1st because as there was a tpo in place, they had to pay for a professional tree surgeons themselves.

https://www.gov.uk/guidance/tree-pre...ervation-areas

Contact your Local council https://www.gov.uk/find-local-council

[des8]

Do a search on Land Registry to find out who owns the land where the tree is growing. Cost £3 here:*https://www.gov.uk/search-property-i...-land-registry
You will then know who is liable for the tree and the damage to your property.

[dario]

Thank you for your replies. I have had the roof damage fixed, it wasn’t even worth using home insurance as local handyman did the job for minimal fee. I’m not wanting reimbursement for the damage. I know who owns the tree from the survey done 12 years ago. I’m trying to find out if the owner of the tree is responsible for having the tree cut back from my house or do I have to pay. I paid for the work to be done 12 yrs ago( approx £350 + £150 for survey). I’ve told friends who are telling me I shouldn’t be paying that I will try and find out who should be paying, but I’m struggling to find relevant info. Thanks again

[des8]

The owner of a tree has a duty to ensure it does not damage neighbouring properties.
This duty arises where a neighbour either knows that the tree is encroaching over the boundary through its roots or branches, or ought to have been aware of this as a result of, for instance, the size of the tree or the obvious position of the tree in relation to a neighbouring property

Make the owner of the tree aware that it has already caused damage, and it is now incumbent upon him to ensure the trespass ceases.
If he does nothing, you can then arrange to have branches overhanging your property to be lopped. The lopped branches should be offered back to the owner. The cost of the pruning may be claimed from the tree owner.

If the branches are causing problems, have you considered the potential for the roots to cause damage?

[dario]

Thank you DES8 again for your reply. The trunk of the tree is approximately 8 metres from the corner of my house and I was assured by the arborist who carried out the survey 12 years ago that the roots will be way deep below my foundations. The tree is a large horse chestnut approximately 100yrs old. My house was built 20 yrs ago..Before I had the tree cut back 12years ago I called at the 3 cottages down the track to try and find out who owned the tree but I didn’t get much joy, in fact I remember one occupant saying obviously that the tree was there before the house (this was before the survey was done)But thank you, you seem sure that the owner of the tree is responsible for the cost of any work done to the tree... dario

[des8]

If the tree is causing damage, and the owner is aware, or should be aware, then they are responsible & liable for the cost of stopping the trespass

[dario]

Thank you DES8, I am emailing the council planning dept this weekend. I would have preferred to go and see them face to face as I'm sure they would be helpful as I have quite a few questions. I believe they may be able to grant permission for the branches that are hitting the house to be cut back prior to the main work being done, as I would need to give the owners a reasonable amount of time to reply or act on the situation. Unfortunately work at the moment means a 9-5 visit to the planning department isn't possible. The tree surgeon who has my papers from the previous survey couldn't even remember the tree when I contacted him as I hadn't heard back from him for a month, I'm not sure if I've chosen wisely. I'm assuming if I don't get any joy with the owner of the tree that I would need to get the work done and try and seek reimbursement through the small claims court. I remember from 12 years ago the property is fenced with a gate that holds a few large guard dogs. Wish me luck haha! Dario

[dario]

Simmer thing happened to neighbour of mind.

They needed the permission of the local council 1st because as there was a tpo in place, they had to pay for a professional tree surgeons themselves.

https://www.gov.uk/guidance/tree-pre...ervation-areas

Contact your Local council https://www.gov.uk/find-local-council

Thank you 45002, I finally had time to sit and have a read through the link you shared. Can you recall why your neighbour had to pay? or were they the owners of the tree?

[des8]

Once the necessary work has been cleared by the council, and if the person responsible for the tree has not responded you are entitled to abate the nuisance or trespass and then initiate a county court claim against that person

[dario]

Thank you again DES8. I do hope you're correct, can I be cheeky and ask on what foundation you're sure the owner is responsible to pay?, I can't find any indication anywhere. I ask simply so I can say something other than "someone on a forum said" when I'm discussing with friends later on today who are encouraging me to seek payment by the owner. dario

[des8]

There is a lot of case law about nuisance caused by tree roots and branches.
suggest you either do a soft Google search for "trees encroaching overhanging neighbour case law uk"
or search bailii (https://www.bailii.org/) for "nuisance tree branches damage"

[dario]

Thank you, I will have a look at the links. dario

[45002]

Thank you 45002, I finally had time to sit and have a read through the link you shared. Can you recall why your neighbour had to pay? or were they the owners of the tree?

Tree was 50/50 on neighbours property and their spit the tree surgeon bill 50/50..

Am I seeing things, but posts 4 and 6 have vanished ?

[dario]

ah, the tree split the boundary maybe?. Yes, you are seeing things, or not seeing things should I say, I've no idea why those posts have disappeared. dario