"Share Tree" is this possible?

"Share Tree" is this possible?

Postby GracieMagoo » Wed Mar 05, 2014 11:53 pm

Hello

In our neighbours garden across our old rickerty fence stands a huge beautiful beech tree. It has grown against the fence pushing it all but over in one place.

Our neighbour has informed us from the first day we moved in that it is a "share tree" a fact that we don't believe. We enquired with our solicitor when we bought the house and she advised that it wasn't listed on the deeds and that she wasn't aware of a "share tree".

We wanted it pruned back as it grows primarily over our yard so we got an arborist to quote (30% reduction and ivy removal) and my husband spoke to our neighbour about it. The neighbour said that "she did not require her half pruned and therefor would not contribute". My husband made it clear to her that we do not consider it our tree as it is on her property, but she disputes this. Incidentally, our other neighbours who have lived in the street for over 40 years all state that the tree belonged to that house. Given it needed doing and she was never going to cooperate we were prepared to pay for this.

A couple of days later, the neighbour arrived on our doorstep with photos of fungus on the base of the tree which she said that she took a year or so ago but only just remembered. She said that she had taken the photos to the council who recommended that WE get an arborist to take an X-ray and do a biopsy with a view to remove the tree. She also stated that WE were liable for damage if it fell. We called back the arborist who examined the base of the tree and her photos and then confirmed that it was the type of fungus which would nessesitate the tree coming down. She has made numerous threats about her solicitor etc etc.

We have one old Ariel photo which shows the boundary but is difficult to see the position of the trunk as the tree is in full leaf. The other neighbours are willing to give evidence to the origin of the tree. But I have no doubt our troublesome neighbour will simply refuse ownership of the tree and continue to demand that we are liable for the costs of its removal. What can we do?
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Re: "Share Tree" is this possible?

Postby cobdale » Thu Mar 06, 2014 12:04 am

if the trunk of the tree is in her garden ,it's her tree,and it sounds like she has known about the fungus problem when you moved in and was preparing the groundwork for you to pay the costs of what she knew was going to happen ,where as you won't have put any importance on the conversation as you were ignorant of her scheming and dident know what she knew,tell her to do one
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Re: "Share Tree" is this possible?

Postby MacadamB53 » Thu Mar 06, 2014 12:42 am

Hi GracieMagoo,

tell her to do one

I agree - the tree is her property (unless it's shifted over the boundary?)

In fact, I'd go a bit further and notify her that she has a duty of care not to damage your property and, since she has acknowledged the tree is diseased and requires felling, she will be found liable for any damages henceforth.
In an effort to maintain neighbourly relations though, I'd offer a contribution and to grant access if required.

There is no such thing as a "shared tree".

You are within your rights to prune any overhang on your property (best check it's not protected with a Tree Protection Order first though - phone the council and ask). Under the circumstances though, I wouldn't bother pruning a condemned tree.

Kind regards, Mac
PS there are a couple of regular contributors who are qualified experts in these matters, so hopefully one of them will pick up your thread
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Re: "Share Tree" is this possible?

Postby arborlad » Thu Mar 06, 2014 10:14 am

GracieMagoo wrote:Hello

In our neighbours garden across our old rickerty fence stands a huge beautiful beech tree. It has grown against the fence pushing it all but over in one place.



Is it your fence?...........if the major part of the root/trunk is on your neighbours land, it is your neighbours tree.

Not heard the expression 'shared tree', but boundary trees, usually oaks, are quite common.
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Re: "Share Tree" is this possible?

Postby GracieMagoo » Thu Mar 06, 2014 12:26 pm

Thanks for your help.

I am gutted this tree has to go as i love it! But it has meripilus and I have 2 small kids.

I have contacted the legal helpline attached to our house insurance and they are looking at it. It appears that we may need to have a survey report undertaken to prove the trees position on her side of the boundary.

The fence it is leaning on is ours ( I am guessing as the posts are our side) and it looks as if it has been there for at least 20 years.

I would happily tell this lady to do one, except that she is elderly..... And we would still be in the situation of having a very large tree, next to our house, knowing it was ready to blow..........
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Re: "Share Tree" is this possible?

Postby MacadamB53 » Thu Mar 06, 2014 12:51 pm

Hi GracieMagoo,

I meant "do one" figuratively (as I'm sure cobdale did as well).

Since none of us can see what is on the ground I don't think there is much more advice to be given.

It sounds, from what you've described, pretty clear cut - your neighbour owns a diseased tree which needs felling.

Talk of surveyors to determine boundaries seems like overkill to me.

Did you own the property when she took the photos, etc?
One does wonder why, if she didn't think it was her tree, she took photos, contacted the authorities for advice and paid for the expert assessment. Surely she would have been round to tell the owner they needed to get the diagnosis done?!?

Is the tree protected?

Kind regards, Mac
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Re: "Share Tree" is this possible?

Postby arborlad » Thu Mar 06, 2014 1:18 pm

GracieMagoo wrote:
The fence it is leaning on is ours ( I am guessing as the posts are our side) and it looks as if it has been there for at least 20 years.



Any chance of a couple of photos?
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Re: "Share Tree" is this possible?

Postby GracieMagoo » Thu Mar 06, 2014 1:37 pm

Hello

I will try and add photos. No it isn't protected but it is in a conservation area and hence needs council permission to prune.
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Re: "Share Tree" is this possible?

Postby despair » Thu Mar 06, 2014 1:44 pm

I would seek help from the Councils Tree Officer

He will know a diseased tree when he sees it and should be capable of seeing whose land its on
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Re: "Share Tree" is this possible?

Postby arborlad » Thu Mar 06, 2014 2:56 pm

GracieMagoo wrote:.......... our old rickerty fence ...........



Are there any plans to replace the fence, most fencers will be able to tell at a glance what's where.
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Re: "Share Tree" is this possible?

Postby arborlad » Thu Mar 06, 2014 3:28 pm

MacadamB53 wrote:.............. I don't think there is much more advice to be given.



That's more than just a little presumptive :roll:
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Re: "Share Tree" is this possible?

Postby MacadamB53 » Thu Mar 06, 2014 3:40 pm

Hi arborlad,

That's more than just a little presumptive

It will only prove more than just a little presumptive of me if plenty of useful advice is subsequently offered without sight of what is on the ground.

As yet no such advice has been given since I posted my opinion.

Kind regards, Mac
PS notice I usually punctuate expressions of opinion with "I think" - I think maybe you should try something similar from time to time (see your last post)
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Re: "Share Tree" is this possible?

Postby GracieMagoo » Thu Mar 06, 2014 4:04 pm

Hello

Thanks for your advice to date. I have been trying to add photos but the site says the file is too large.

Re: replacing the fences. We have replaced the ones on the other side and when this gets resolved we will replace these ones to. At the moment I couldn't deal with negotiating there placement with the neighbour.

Re: council Tree Officer. I rang the Council and they felt that it was a civil issue which needed to be resolved before the tree could be removed and it has nothing to do with them. I am waiting for the tree man to phone me back and I am hoping he will drop in to see it. I think the placement of the tree at least is pretty clear. It looks healthy to me, but I am not the tree man.
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Re: "Share Tree" is this possible?

Postby arborlad » Thu Mar 06, 2014 4:23 pm

GracieMagoo wrote:
Re: replacing the fences. [b] We have replaced the ones on the other side and [/b]when this gets resolved we will replace these ones to. At the moment I couldn't deal with negotiating there placement with the neighbour.



Are you likely to be using the same fencer, most are happy to give advice in these circumstances.
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Re: "Share Tree" is this possible?

Postby GracieMagoo » Thu Mar 06, 2014 5:12 pm

arborlad wrote:
GracieMagoo wrote:
Re: replacing the fences. [b] We have replaced the ones on the other side and [/b]when this gets resolved we will replace these ones to. At the moment I couldn't deal with negotiating there placement with the neighbour.



Are you likely to be using the same fencer, most are happy to give advice in these circumstances.



Hopefully, he was good. I don't think he would stand a chance at the moment though, so it will have to wait until the tree gets sorted.
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