Do I have to cut my tree down?

Do I have to cut my tree down?

Postby sammellins » Tue Sep 24, 2013 5:22 pm

Hello Everyone,
I have a bit of a problem that I'd appreciate any opinions on. I have a fairly large horse chestnut tree in my back garden (we have lived here for 3 years so obviously the tree has been here a lot longer). I received a letter from my neighbour, that our property backs on to, saying that the tree is pushing his fence out. He wants the tree completely removed. We have had 2 tree surgeons to have a look at it this week and neither of them were keen on taking it down. One suggested pollarding and the other just a reduction. It is hard to tell at this stage whether either option would solve the fence issue completely. I have suggested to our neighbour that we are happy with either of these options, but he is insisting it is chopped down altogether. I don't particularly want to do this and it would also be very expensive! Does anyone know where I stand with this? Do I have to have it chopped down? I should probably also mention that it has that funny leaf disease, but tree surgeon said it was only cosmetic.
Thanks in advance for any advice.
Sam
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Re: Do I have to cut my tree down?

Postby ukmicky » Tue Sep 24, 2013 10:15 pm

Any chance of a picture of the alleged damage.


Most people build a fence around a tree, i wouldnt cut it down due to a wooden fence. You may find it is an excuse to gain more sunlight or a better looking garden view.
Advice given is not legally qualified and you are advised to gain a professional opinion
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Re: Do I have to cut my tree down?

Postby TO » Wed Sep 25, 2013 1:10 pm

Hi

No

Neither pollarding, by which your tree surgeon probably meanss topping, nor crown reduction would make any difference to the fence issue, but would still cost you money.

Most decent fencing contractors can work around a tree.

I agree with ukmicky that it might be your neighbour wants more light and less leaves and is just using the fence as an excuse.

TO
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Re: Do I have to cut my tree down?

Postby sammellins » Wed Sep 25, 2013 4:10 pm

Thanks for the replies. I tried to upload a picture, but unfortunately the image I have taken on my phone is too big and it won't let me resize. I am really trying to be reasonable with my neighbour, but at same time really don't have £1000+ to remove a perfectly healthy tree. Also neither of the tree surgeons I have spoken to seems to want to fell it. Next option I guess may be to cut back all the ivy on our side, together with the any over grown branches that are close to the fence so we can see exactly what's going on. Will also put a letter together of our efforts so far, the tree surgeons we have consulted etc and send it to our neighbour. Other than that I am at a bit of a loss! Thanks again for replies.
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Re: Do I have to cut my tree down?

Postby catapult1 » Thu Sep 26, 2013 1:53 am

Is the trunk of the tree pushing the fence or branches growing outwards?
My answers are not of a legal nature, only what I consider to be common sense.
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Re: Do I have to cut my tree down?

Postby Sudynim » Sun Sep 29, 2013 12:16 am

You're right to refuse, Sam. Chopping down a huge, beautiful tree for the sake of a few inches of fenceline is absurdly disproportionate. If you want to bend over backwards to be a good neighbour (always sensible), you could offer to pay a professional fencemonger to install a tidy solution.
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Re: Do I have to cut my tree down?

Postby henners » Tue Feb 11, 2014 3:39 pm

I would have thought it likely that the tree would constitute a nuisance and is causing actual damage to your neighbours property too, so look at it from your neighbours point of view.

Tree problems like this generally go unresolved, as the person affected by the nuisance and damage is usually unwilling to kick off the appropriate litigation, as the outcome generally results in lots of money going into the solicitors and barristers pockets which is disproportionate to the actual value of getting the tree removed. So resentment, ill-feeling and bad tempered relations with your neighbour results.

Ask your neighbour to pay for the cost of removing the tree, and dig in your own pocket for the price of a replacement tree which you can plant is a position that doesn't ruin your neighbours life.

Whatever, if I were you I'd take the tree down anyway because of the potential liabilities (regular tree surveys, removal of dead wood, costs resulting from tidying up storm damage, and repairing damage to your and your neighbours property as a result of storms - non of which is covered by your home insurance) of owning a substantial tree is just too great. Owning a tree in parkland on a big estate isn't a problem, but owning a ssubstancial tree when you live close to your neighbour is just too risky.

Rather suprisingly, trees grow, and generally outgrow (overgrown) their suitability for the position where they were first sited, and over time get diseased and become dangerous too. Be practical, replace the tree.
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Re: Do I have to cut my tree down?

Postby arborlad » Tue Feb 11, 2014 8:57 pm

henners wrote:Would I buy an house with an unprotected tree on the boundary of a neighbours garden, well no.
Would I buy an house with an protected tree on the boundary of a neighbours garden, well no.
Would I buy an house with an protected tree within the curtilige of the property being bought, well no.
Would I buy an house with an unprotected tree within the curtilige of the property, well only if I could get the vendor to fell before I signed contracts.
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Re: Do I have to cut my tree down?

Postby henners » Tue Feb 11, 2014 10:42 pm

Indeed!

Why would anyone take on a problem where there's little prospect of resolving or mitigating it.

This winter has hardened my view - family living within 200 yards of my property, owning a row of 4 protected limes, canopy stripped out of each one by high winds, recking the gardens (fences, sheds, outhouses) of their own and two neighbouring properties, as well as temporarily blocking a private road. It would have been better had the trees been uprooted and had fallen onto the owners and his neighbours homes, at least the insurance company would have picked up the cost of this, and the community would not have been left with the visual amenity of 4 storm damaged limes

The limes were unsuitable for the situation, had become overgrown, weren't maintainable in any reasonable way because they were protected.
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Re: Do I have to cut my tree down?

Postby arborlad » Tue Feb 11, 2014 11:12 pm

henners wrote:Indeed!.


Can you answer the question posed in this thread please:

viewtopic.php?f=2&t=18376&p=160606#p160606
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Re: Do I have to cut my tree down?

Postby COGGY » Tue Feb 11, 2014 11:55 pm

Protected trees can be suitably maintained. It is necessary to obtain Permission but there is normally no difficulty in obtaining this. A world without trees would be a sad place.
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Re: Do I have to cut my tree down?

Postby arborlad » Wed Feb 12, 2014 9:38 am

COGGY wrote: A world without trees would be a sad place.


Indeed.
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Re: Do I have to cut my tree down?

Postby Brainsey » Wed Feb 12, 2014 12:45 pm

sammellins wrote:Thanks for the replies. I tried to upload a picture, but unfortunately the image I have taken on my phone is too big and it won't let me resize.

The easiest way to post pictures is to use an on-line photo hosting site. I use Photobucket.

Create an account, upload your picture and then look for the IMG link. Copy and paste that link into your post: et voila!
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