Neighbour's roots lifting path - any advice?

Neighbour's roots lifting path - any advice?

Postby garelang » Tue Jul 22, 2014 3:11 pm

Hi all

I am new to this board and have looked through previous posts.

My slightly difficult neighbours have a 20m lime tree (no TPO but in a conservation area) approx 3m from the corner of my house. There are massive, visible roots on my side of the garden which are lifting and cracking the path along the side of my house. The tree has obviously been there a long time and I believe was previously in the garden of our house before it was sold off so the neighbour's houses could be developed. The tree has previously been pollarded to about 8m and they seem reluctant to re-pollard it.

The best outcome for us would be for the tree to be re-pollarded to 8m so we can cut the roots on our side without the tree falling down.

So I would really appreciate any advice on how I should approach my neighbour about this. One option seems to be I inform them about the cracking path and wanting to cut the roots, advising them to pollard the tree so it doesn't fall over. Another option seems to be going to my insurance company who will look at the damage that is being done to the path (and possible my property but I am not aware of any that has occurred) who will then tell them to pollard or fell the tree.

As I said, they are difficult and I fear they will not pollard the tree whatever approach I take. In this extreme case, what is my position if I cut the roots and the tree falls over?

All advice very welcome and much appreciated.

Enjoy the sun

Gareth
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Re: Neighbour's roots lifting path - any advice?

Postby despair » Tue Jul 22, 2014 6:42 pm

Difficult or not they are liable for all damage that occurs from the day after they receive written notice of your concerns about damage

I would invite them round to inspect the damage and remind them of the above fact

Have a formal letter pointing out the damage and their liability and require them to abate the trespass of their roots
and hand it to them if gentle discussions fail


That way you are covered for any damage that occurs from therine and the onus is on them to act

If they refuse or fail that is the time to involve your legal insurers or your building insurance

Check everything for Legal Expenses Cover FIRST
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Re: Neighbour's roots lifting path - any advice?

Postby MacadamB53 » Tue Jul 22, 2014 6:54 pm

Hi garelang,

what is my position if I cut the roots and the tree falls over?

why do you think one will lead to the other?

Kind regards, Mac
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Re: Neighbour's roots lifting path - any advice?

Postby garelang » Thu Jul 24, 2014 10:16 am

Just because the tree is huge and the roots are huge - without them a big storm could possibly blow the tree over
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Re: Neighbour's roots lifting path - any advice?

Postby MacadamB53 » Thu Jul 24, 2014 10:59 am

garelang wrote:Just because the tree is huge and the roots are huge - without them a big storm could possibly blow the tree over

is that a professional or lay opinion?

if it's the latter I recommend you get yourself the former...

Kind regards, Mac
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Re: Neighbour's roots lifting path - any advice?

Postby Treeman » Thu Jul 24, 2014 6:00 pm

garelang wrote:Hi all

I am new to this board and have looked through previous posts.

My slightly difficult neighbours have a 20m lime tree (no TPO but in a conservation area) approx 3m from the corner of my house. There are massive, visible roots on my side of the garden which are lifting and cracking the path along the side of my house. The tree has obviously been there a long time and I believe was previously in the garden of our house before it was sold off so the neighbour's houses could be developed. The tree has previously been pollarded to about 8m and they seem reluctant to re-pollard it.

The best outcome for us would be for the tree to be re-pollarded to 8m so we can cut the roots on our side without the tree falling down.

So I would really appreciate any advice on how I should approach my neighbour about this. One option seems to be I inform them about the cracking path and wanting to cut the roots, advising them to pollard the tree so it doesn't fall over. Another option seems to be going to my insurance company who will look at the damage that is being done to the path (and possible my property but I am not aware of any that has occurred) who will then tell them to pollard or fell the tree.

As I said, they are difficult and I fear they will not pollard the tree whatever approach I take. In this extreme case, what is my position if I cut the roots and the tree falls over?

All advice very welcome and much appreciated.

Enjoy the sun

Gareth



Soooo

Its hugely unlikely that the insurers will tell their insured to do anything to the tree

If you cut the roots and the tree falls as a result you will probably be liable unless the courts decide that you having informed the owner and their lack of action makes them liable, that's in the hands of the courts with no direct precedent so get a good barrister

Before you cut anything you will need to file a "211" to inform the L.A. of your intentions (I would file to fell the tree if it were me) at which point they are likely to make a TPO to protect the tree (depending on the circumstances)

If the TPO the tree you will need to make an application to do your works, which will presumably be declined. This takes you to appeal. The appeal will go your way or the other.

If after all that you have consent to fell you still need to persuade the tree owner to play ball which might mean court.
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Re: Neighbour's roots lifting path - any advice?

Postby jonahinoz » Sun Aug 17, 2014 8:09 am

As I said, they are difficult and I fear they will not pollard the tree whatever approach I take.

Hi,

Write to your neighbours begging them NOT to pollard their tree.

John W
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