Trees in neighbours garden affecting my property

[Pherman100]

Hi all

I own a property which I believe is being affected (cracks in the wall) by trees in my neighbour's garden and close to their boundary with me. Does anyone know whether I have the right to ask them to take these down? I am assuming that I cannot force them to take them down, but they will be obligated (or advised) to inform their insurers that they have trees in their garden which may be causing an issue with their neighbour (i.e. us). I am presuming that if we do ever suffer significant damage (and can prove that this is caused by their trees) they will be liable to remedy the damage. If anyone can confirm my understanding of this it would be great. ps. Love this Legal Beagles site. It has some really amazing information on it......

Paul

[bluebottle]

Re: Trees in neighbours garden affecting my property

Hi and welcome to Legal Beagles.

Firstly, how long have you lived in your current home and how long has your neighbour lived in their home? Secondly, what type of construction has been used for your home and that of your neighbour? Thirdly, any idea what species of tree is involved?

[Pherman100]

Re: Trees in neighbours garden affecting my property

Hi Bluebottle. Thanks for your interest in this. Lived in our home about 6 years. Neighbours have been there 13 (I think). Trees are a tall holly tree and some other shrubs. I reckon no more than 5 feet from our foundations.... Our home is a solid, 1930's brick house.

[labman]

Re: Trees in neighbours garden affecting my property

I can't answer your question, other than to say when I was a Headteacher, a neighbour complained trees in the school grounds were causing cracks in his driveway.

I informed the LEA's insurance, and a specialist survey was commissioned which proved the pattern of roots from the type of tree would have meant they would not have caused the damage. I imagine doing this privately would be very expensive. It proved a long battle to get that far.

[MissFM]

Re: Trees in neighbours garden affecting my property

Hi Pherman,

The trees will grow to a basic pattern whereby their roots and canopy are broadly equal - so unless the canopy is overshadowing your wall it is unlikely that the roots are reaching under.

You can quite legally trim everything back that impinges on your property, I believe - in your shoes I would fully inform and co-operate with the neighbour.

I would have an open and friendly chat with your neighbour if you find the trees and shrubs a threat; I do entreat you to do this in an amicable manner as conflicts and disputes between neighbours can quickly escalate so as to ruin lives.

[bluebottle]

Re: Trees in neighbours garden affecting my property

Thanks for that, Pherman. You need to check if the roots of any trees that can be traced to your neighbour's garden are likely to affect not only the foundations of your home, but any mains electric cables, gas, water and sewer pipes that pass under your garden or home. If this does prove to be the case, you will need to engage with your neighbour about trimming the roots back. As for the wall with the crack in it, is the wall in danger of collapse? Most importantly, does the wall border a public highway (including the pavement)? If it does, you have a duty to keep such a wall in good repair so that it does not represent a risk to the safety of pedestrians.

[des8]

Re: Trees in neighbours garden affecting my property

You might find these Question & answer quotes from.colemans-ctts.co.uk (solicitors) helpful, but as MissFM suggested jaw jaw is better than the alternative.


Q. My neighbour’s tree has grown very large and the branches are hanging over my boundary. I have asked the neighbour to remove the branches but he refuses. Can I do anything?
A. The law states that you are entitled to remove anything which trespasses on your land PROVIDED you return what you remove to the owner. This includes tree branches. However, you cannot remove the branches if to do so would either fatally injure the tree or shrub or would de-stabilise it. Therefore with large trees, advice from a tree surgeon should be sought first. The cost of removing the branches could be claimed from the neighbour provided you advise the neighbour when the works will take place and provide an estimate and warn them that you will seek to recover the cost from them. This must be done in writing with a copy kept to produce to the Court. Any cuttings taken must be returned to the owner but should be put back on their land in an orderly fashion and not in way which will antagonise.

Q. My neighbour’s tree roots are damaging my property. Can I compel him to remove the tree and pay for the damage?
A. It may be possible to require the tree to be removed but the Courts have been instructed not to make orders compelling the removal of trees unless expert evidence states that this is the only way further damage can be prevented. Other measures such as root barriers may be more appropriate but this would have to be installed at the cost of your neighbour. Whether you can recover the cost of repairs will depend on when your neighbour became aware that the tree was causing damage. Your neighbour is not responsible for any damage caused before he should or could have been aware of the likelihood of damage.

[labman]

Re: Trees in neighbours garden affecting my property

Hi Pherman,

The trees will grow to a basic pattern whereby their roots and canopy are broadly equal - so unless the canopy is overshadowing your wall it is unlikely that the roots are reaching under.

You can quite legally trim everything back that impinges on your property, I believe - in your shoes I would fully inform and co-operate with the neighbour.

I would have an open and friendly chat with your neighbour if you find the trees and shrubs a threat; I do entreat you to do this in an amicable manner as conflicts and disputes between neighbours can quickly escalate so as to ruin lives.

I'm going back nearly 15 years now, so my memory may not be exact about this, I'm not an arborist. I think the clincher in our case did mention the roots and the canopy, but I think the clincher was the depth of the roots for that particular species of tree proving they could not have caused damage to the driveway. I also remember thinking how well my teacher training had prepared for dealing with the issue! lol

[Tools]

Re: Trees in neighbours garden affecting my property

Hi Pherman,

A little more info for you on the Holly tree taken from ABI Protecting your home from subsidence damage

Holly roots are fiberous but do not go very deep any distance from the trunk, are not invasive, but as with most trees their surface roots extend some distance past the tree's canopy. The roots will actively seek out moisture in the ground so if they extend close to the footings of your house it may lead to subsidence. This is the downward movement of the ground supporting the building. Damage occurs because the movement is often uneven, causing cracks in walls, floors and ceilings. The main cause of subsidence in the UK is the shrinkage in dry weather of clay soils which expand and contract with changes in their moisture content. The escape of water form leaking or damaged drains below the ground can also cause subsidence, so do not assume the cracks are being caused by the tree.

Most of the shrinkable clays in the UK are located in Southern England, the area most affected by the lack of rainfall over recent years. In normal circumstances clay will shrink in the summer and recover by swelling in the wetter winter months. With the advent of the recent series of dry summer s and winters, in many cases the ground has been unable to recover.

As general guidance, the safe distance of a mature Holly tree, say 14 metres height , is 6 metres from the property.

How close to your property is the trunk and again the canopy and how high is the tree?

Do any drains run adjacent to the wall in which cracks have appeared?

Let us know how you get on, I would be interested to know your findings

Jules

[TUTTSI]

Re: Trees in neighbours garden affecting my property

This may help, the rules and regulations http://www.channel4.com/4homes/rooms...trees-10-07-12

[MissFM]

Re: Trees in neighbours garden affecting my property

Hi Bluebottle. Thanks for your interest in this. Lived in our home about 6 years. Neighbours have been there 13 (I think). Trees are a tall holly tree and some other shrubs. I reckon no more than 5 feet from our foundations.... Our home is a solid, 1930's brick house.

Is that 5ft the trunk or the edge of the spread, Pherman, please?

[CleverClogs]

Re: Trees in neighbours garden affecting my property

Trees are a tall holly tree and some other shrubs. I reckon no more than 5 feet from our foundations

How close to your property is the trunk ... ?

[MissFM]

Re: Trees in neighbours garden affecting my property

<<discreet cough>> it doesn't actually say whether it's the trunk or the canopy

[CleverClogs]

Re: Trees in neighbours garden affecting my property

<<discreet cough>> it doesn't actually say whether it's the trunk or the canopy

No, it doesn't, but the safe distance between the trunk and any building is said to be six metres.

Six metres is 19.5 feet.

How many holly trees spread to a diameter of 39 feet?

[MissFM]

Re: Trees in neighbours garden affecting my property

No, it doesn't, but the safe distance between the trunk and any building is said to be six metres.

Six metres is 19.5 feet.

How many holly trees spread to a diameter of 39 feet?

That may well be said, CC, but I don't swallow it at all. We have some massive trees much closer to our house and I do believe they add to its stability.