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Neighbours HUGE tree

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  • Neighbours HUGE tree

    The garden that is at the end of next doors garden has a massive sycamore tree basically on the boundary between next doors garden and the 'Tree Neighbour's (TN)" garden.

    TN garden is about 10ft higher than ours as our gardens are terraced as we are on a hill. So the tree looks even bigger when stood in our gardens to theirs

    We have been here 5 years and this tree is a real nuisance, so much leaf litter, sycamore seeds and then seedling plants everywhere, it blocks light to the garden in summer, blocking all of next doors garden for most of the day and now the windows on the house too abd about 3/4 of ours once the sun has gone around.

    It's grown in height and width since we have been here. Next door have had TN round and they don't see how big it is even when standing in next doors garden. They won't have it trimmed back at all, will not entertain the idea as its a sentimental tree as their son used to climb it, we are just asking for a trim (yes ideally cut down but we will just be happy it being smaller).

    I had a tree surgeon out to see how much it would be to cut the overhanging of my garden off which i would happily pay, and he said his liability insurance wouldn't be valid if he didn't have the owners permission to cut the tree, even if we didn't go on his property.

    This tree sways ridiculously in the wind, which I know will give it strength but we really do worry that one day it will fall and it's tall enough now that it would reach the houses if it fell our way. We have amazing Yorkshire stone terraces built by my grabbed who is sadly no longer here and I worry I'd the tree were to fall my garden and next doors definitely, would be ripped up.

    fences and hedges on a boundary have to be 2m, this tree is on the boundary, is there anything we can do to ask then to trim it significantly so its better maintained?

    I have been to council, it is not a protected tree and as its private property they won't do anything.

    Any advice would be greatly appreciated.
    Tags: None

  • #2
    "fences and hedges on a boundary have to be 2m"
    Sorry, but they do not have to be anything as such. It does indeed sound to be far too large. I think I would insist on speaking to their insurers.

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    • #3
      dslippy oh sorry that's just what the arborist told us. Their home insurance are you referring to? Thank you

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      • #4
        Is there any other advice please? Would like to know as much as possible before I take any actions further.

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        • #5
          There's quite a bit of info here -

          https://www.problemneighbours.co.uk/...ion-guide.html

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          • #6
            Have I understood correctly that this tree is not on your boundary, but at the far boundary of Mr TN's garden?

            I am not sure of any legal route that is open to you other than possibly in respect of right to light (see link in previous post).

            You will just have to clear the leaves in autumn and pull up the seedlings in Spring. I used to do this for my late father in law, so I know this can be a pain - sycamores are prolific and breed like rabbits, but their leaves make great leaf mould.

            As to the risk of damage:

            1. Speak to the owners.

            2. Check that you are adequately insured.
            Lawyer (solicitor) - retired from practice, now in academia. I do not advise by private message.

            Litigants in Person should download and read this: https://www.judiciary.uk/wp-content/..._in_Person.pdf

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            • #7
              @Echatt11 thank you, this is somewhat helpful but still don't think it offers much in the way of us being able to do anything

              atticus yes so my garden is about 20m long as is next doors (attached semis) and theure terraced too which also worries us as the tree roots cant have spread out as much as normal as both our terraces are about about he tree is right up to their fence at the end of their garden (at the bottom of Mr TNs garden which is maybe 60m long and north facing) and the tree is about 2m from the bottom right hand corner of our garden. Hope that makes sense - I have attached a photo for help - sorry didn't realise before I could do this. Yellow is TN house, I've blacked out the rest for privacy.

              Next door have been in 13 years and us 6. The tree does shade the whole of the 2 stories so all windows on the back of their house and ours when the sun comes around. Our houses are also about 2m taller than the grass of our gardens, so we have steps down into the garden and then back up the terraces at the back. So it's a blooming big tree.

              I'm asking for advice my neighbour that the tree is on the boundary of too, they're less tech savvy but as you can see this tree is much more of an issue for them but is also an issue for us.

              Yes the leaves are a pain, they are so huge they get stuck in my leaf vaccum, which is already a wider one that normal becuase of the leaves! The seeds don't suck up, we have thousands of seedlings sprouting at the moment, absolute nightmare.

              Next door have spoken to the owners and they really don't care, don't see a problem, don't think it's big, or dangerous, can't see any issue, they're not nice people really.

              I check every year with home insurance, they state "trees within 5m of the propert and not property boundary so I think we are okay but we don't want to be thinking about rebuilding the beautiful Yorkshire stone terraces my grandad who is no longer with us built by hand.

              We are so desperate just to have them trim it so it is managed better.

              The side photo is what overhangs Next doors garden (about 20ft from their back febacking the garden when measured)

              The sky photo is what overhangs my garden looking up from the top right corner of our garden.

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              • #8
                Sorry but you can’t force them to do anything. You also can’t do anything if it’s blocking your light. The law doesn't even require them to have it inspected for disease or damage. The most they have to do is an occasional look at it when they are in there garden to see if everything looks ok. Its leaf litter is something you also have to deal with also. Luckily you are lower down so roots may not an issue for you .

                It’s actually a magnificent specimen in a landscape devoid of other tall trees so I can see it having a TPO .or gaining one should the council think it may get cut down or hacked about. So check before you do anything your side. If that’s an active nest it also is currently protecting the tree.

                No I’m not a tree hugger .

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                • #9
                  It is a big tree - too big - but will get much bigger.

                  UKMicky is correct about your rights.

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                  • #10
                    You could do some research on the 'root system' of the Sycamore tree, see if it has caused damage or potentially could cause damage in the future.

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                    • #11
                      @ukmickey thank you. It not got a TPO and council have said they are unlikely to give one. There are actually quite a few nice Birch trees outside of the photo that are managed well by the owners.

                      I agree, anywhere else this would be a lovery tree, its just far too big and this type of tree should never have been planted in a city centre garden.

                      I'm not wanting to be mean, we'd just like it trimmed a little or something.

                      We are worried if it falls about damage to our properties and gardens and thats what we want to protect. We are insured but dont want it to happen in the first place, which is what we are trying to prevent really.

                      We know the roots will be there.

                      The nest has been abandoned for years, half of it actually blew out of the tree last year, and we know nothing can be done during nesting season now anyway.

                      I actually do like trees, just not this one that if it fell our way could smash windows and potentially the brick wall of our house, it's that big and that close.

                      dslippy thank you, I know that's what we are worried about and why we would like it trimmed and managed on a regular basis.

                      echat11 thank you, not sure how we would be able to see if the roots are causing damage but will look into potential damage they could cause.

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                      • #12
                        Originally posted by ShrimpFish View Post
                        @ukmickey thank you. It not got a TPO and council have said they are unlikely to give one. There are actually quite a few nice Birch trees outside of the photo that are managed well by the owners.

                        I agree, anywhere else this would be a lovery tree, its just far too big and this type of tree should never have been planted in a city centre garden.

                        I'm not wanting to be mean, we'd just like it trimmed a little or something.

                        We are worried if it falls about damage to our properties and gardens and thats what we want to protect. We are insured but dont want it to happen in the first place, which is what we are trying to prevent really.

                        We know the roots will be there.

                        The nest has been abandoned for years, half of it actually blew out of the tree last year, and we know nothing can be done during nesting season now anyway.

                        I actually do like trees, just not this one that if it fell our way could smash windows and potentially the brick wall of our house, it's that big and that close.

                        dslippy thank you, I know that's what we are worried about and why we would like it trimmed and managed on a regular basis.

                        echat11 thank you, not sure how we would be able to see if the roots are causing damage but will look into potential damage they could cause.
                        Don't quote me 100% on this, but there are calculations you can make, starting with the actual height of the tree to work out the root system. Tree's have been around along time, so we know quite a bit about them. Also to add it's not an exact science, there are 'variables' - conditions, etc.

                        https://deepgreenpermaculture.com/20...06m%20(to%209m).

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                        • #13
                          The root system will be about twice the size of the tree above ground. It is already beyond being trimmed.

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                          • #14
                            I could be wrong but I believe sycamore roots go out very far but are very shallow,3 to 4 feet in depth so with you being lower you should be ok

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                            • #15
                              Could you and the other neighbour offer to pay for the work needed and approach the owner of the tree in that way rather than saying they have to do something about it?

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