Neighbor's listed tree's roots run under our garden

Neighbor's listed tree's roots run under our garden

Postby Alexandra » Sat Sep 29, 2012 11:59 am

We've recently purchased a house with the intention of adding a basement. We've come to learn that the neighbors have a listed tree in the corner of their garden whose roots run the length of our garden and possibly as far as to our house. Our neighbor claims any excavation could kill this tree and for this reason, she will contest the basement plans that we'll submit to the Planning Commission. We obviously don't want to kill this tree, but we want to build our basement! We're consulting a landscape architect next week on this issue, but what rights do we have in this situation??
Alexandra
 
Posts: 1
Joined: Fri Sep 28, 2012 8:56 am

Ads are not endorsed by www.gardenlaw.co.uk or the staff thereof and visitors should perform their own due diligence on the product or service offered.
 

Re: Neighbor's listed tree's roots run under our garden

Postby arsie » Sat Sep 29, 2012 5:53 pm

On the one hand you are allowed to cut any foliage that overhangs your property and any roots that invade, on the other hand whether cutting the roots would kill the protected tree is a moot point. You haven't mentioned distances but if this tree is some distance away (and depending on the species and maturity) you are unlikely to 'take out' more than a small proportion of the root system and so unlikely to damage the tree to death.

You need to explain or better still diagram the situation and explain the tree - species, maturity.

Arborlad or Treeman might be along soon :)
arsie
 
Posts: 1955
Joined: Wed Apr 21, 2010 9:13 am
Location: Norfolk

Re: Neighbor's listed tree's roots run under our garden

Postby Treeman » Sat Sep 29, 2012 6:42 pm

arsie wrote:On the one hand you are allowed to cut any foliage that overhangs your property and any roots that invade, on the other hand whether cutting the roots would kill the protected tree is a moot point. You haven't mentioned distances but if this tree is some distance away (and depending on the species and maturity) you are unlikely to 'take out' more than a small proportion of the root system and so unlikely to damage the tree to death.

You need to explain or better still diagram the situation and explain the tree - species, maturity.

Arborlad or Treeman might be along soon :)



No you don't, what you may need to do is provide information in your planning application, this may mean you need a report which can only be done with the benefit of a site visit and possibly some investigation.

This forum can't help you any firther than that.
Treeman
 
Posts: 3993
Joined: Fri Feb 25, 2005 8:02 am

Re: Neighbor's listed tree's roots run under our garden

Postby arsie » Sat Sep 29, 2012 8:24 pm

Treeman wrote:
arsie wrote:You need to explain or better still diagram the situation and explain the tree - species, maturity.

Arborlad or Treeman might be along soon :)



No you don't, what you may need to do is provide information in your planning application, this may mean you need a report which can only be done with the benefit of a site visit and possibly some investigation.

This forum can't help you any firther than that.


As the nice expert says, you need to provide a report on the site, in your application.

I asked for more information purely to understand the situation better, as a matter of interest :roll:
arsie
 
Posts: 1955
Joined: Wed Apr 21, 2010 9:13 am
Location: Norfolk

Re: Neighbor's listed tree's roots run under our garden

Postby arsie » Sun Sep 30, 2012 8:55 pm

Because I just built within 12m of a mature sycamore and within 4m of mixed deciduous hedges, on a clay subsoil. The tree was *just* far enough to have no influence according to the soil/structural engineer but the hedges (which contained some hazel) *did* have an influence, as the NHBC insisted on using data for half maturity height for the hazel, even though the hedges were kept trimmed.

Prior to that, my architect specified a floating foundation for my double garage because the (same) neighbour had an aging ash tree on the boundary <10m away. A few years later the tree was chopped down.

I still have to 'watch' a mature acacia and a mountain ash (rowan).

So I have quite an interest in trees close to buildings.

Knowledge always welcome here :mrgreen:
arsie
 
Posts: 1955
Joined: Wed Apr 21, 2010 9:13 am
Location: Norfolk

Re: Neighbor's listed tree's roots run under our garden

Postby henners » Thu Jun 13, 2013 9:48 pm

I believe it unlikely that, when considering your application, a LPA have the powers to take into account an objection on the grounds of a tree or a protected tree on a neighbour’s property.
I’m pretty sure this must be a common form of objection so it would be useful to ask how various LPA handle it, whether lawfully or not. Phone a few LPA and ask for some advice or have a trawl through various LPA Planning Portals and see if you can find previous examples of your situation.

They should take into account a tree or protected tree on your property.

I cannot see where a LPA might derive the powers to ask for a root area investigation on a site where there are no protected trees. Do LPA routinely do this?
henners
 
Posts: 137
Joined: Fri Mar 11, 2005 9:06 pm


Return to Roots

Who is online

Users browsing this forum: No registered users and 1 guest