The Tree was there First

The Tree was there First

Postby trees9 » Fri Apr 04, 2014 1:28 pm

Hello
I have lived in my house for over 40 Years. About 30 years ago the children planted a conker at the bottom of the garden about 6 feet from the boundry. At the time there was nothing the other side except a field full of horses. As you can imagine the tree is very big now. 2 years ago they built houses on this land about 15 foot from the boundary. How do I stand about the branches overhanging? I assume I am responsible even though the tree was there some 30 years before the houses. What about the roots damaging the foundations of the houses. When they built the houses the roots were obviously there but nothing was said. I assume they cut them of or took some other precautions?

Trees9 :)
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Re: The Tree was there First

Postby MacadamB53 » Fri Apr 04, 2014 1:42 pm

Hi trees9,

I assume I am responsible

for what? (you don't make it clear in your posting)

Kind regards, Mac
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Re: The Tree was there First

Postby trees9 » Sat Apr 05, 2014 7:56 pm

Hello
For any root damage to the newly built houses
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Re: The Tree was there First

Postby MacadamB53 » Sat Apr 05, 2014 8:23 pm

Hi trees9,

This existing thread answers your question:

http://www.gardenlaw.co.uk/phpBB2/viewtopic.php?f=12&t=19127&hilit=Tree+roots+damage+nuisance

Kind regards, Mac
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Re: The Tree was there First

Postby trees9 » Mon Apr 07, 2014 6:36 pm

Hello
Thanks for that.Have had a good read but it seems that the tree was planted after the flats?
I my case the tree was there first by at least 30 years
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Re: The Tree was there First

Postby TO » Tue Apr 08, 2014 11:06 am

Hi

trees9 wrote:Hello
Thanks for that.Have had a good read but it seems that the tree was planted after the flats? I my case the tree was there first by at least 30 years
If the tree causes damage to your neighbours property and you knew, or ought to have known about it then you are liable. Which came first, the tree or the house is irrelevant.

TO
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