Tree on boundary

Tree on boundary

Postby croft-trees » Sun Apr 20, 2014 7:21 pm

Hi

I'm looking for some advice on a recent tree issue we have encountered.

We have a big sycamore tree that sits on the boundary of our and our neighbours property. In summer it blocks a lot of light to our garden so we thought we would get it reduced in height.

We seeked out people to do the work and agreed on a price. Before the work was started we approached our neighbour and informed her of the work we were going to do. Her initial response was that as long as it didn't cost her money then it would be ok. We then told her that we were reducing the height of the tree to the level of the garages (about 7/8 foot) that it grows in between (and also slowly damaging) she verbally agreed this was ok.

The work was started and the guys on day one trimmed all the branches off so they could drop it smoothly down the length of the driveway the following day. However, that night the neighbour came to the door and suspended the work as she was not happy that "the tree no longer looked like a tree" and she wanted to seek legal advice. As the tree currently stands it's just been very pruned with all branches removed.

As the tree is damaging the garage we are eager to have the tree removed and we feel she is simply stalling us from cutting down the tree until it grows back.

We have written a letter to her stating that she has agreed to have the tree reduced in height and asked for evidence the tree is on her land. If it came to measurements of land boundaries then I'm sure the tree sits more on our side but we are hoping it won't come to getting the rulers out! We have asked for her to respond in 4 weeks to our request.

Does anyone have guidance on what to do next, if she cannot supply evidence of the land boundary? Or if she can what can we do about the damage to the garage?

We live in Scotland if this affects anything.

Thanks.
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Re: Tree on boundary

Postby MacadamB53 » Sun Apr 20, 2014 8:29 pm

Hi croft-trees,

We live in Scotland if this affects anything.

I'd say so - this being a forum dedicated to garden matters under the laws of England & Wales.

who owns the tree? (you need to answer this question in order to then know who can do what)

Kind regards, Mac
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Re: Tree on boundary

Postby croft-trees » Mon Apr 21, 2014 4:54 pm

Sorry, I didn't realise it was only for England & Wales, if I get any advice then I will double check if it applies to Scotland.

We looked our deeds this morning and it shows our boundary line runs exactly half of the land between the properties if you measure from gable to gable, we have no fence or other markings showing the boundary. So we measured out the halfs of the boundary and the 2/3 of the trunk and most of the visible roots are in our boundary. There is nothing in the deeds about ownership of the trees. Will this default to a tree where it is a shared tree?

Thanks.
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Re: Tree on boundary

Postby ukmicky » Mon Apr 21, 2014 9:25 pm

Will this default to a tree where it is a shared tree?

If the trunk is rooted on both lands then yes.
Advice given is not legally qualified and you are advised to gain a professional opinion
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Re: Tree on boundary

Postby span » Mon Apr 21, 2014 9:48 pm

Sycamore? It's just a big weed. Get on with the job and chop the whole thing down.
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Re: Tree on boundary

Postby COGGY » Mon Apr 21, 2014 11:10 pm

Hi

If two thirds of the trunk and most of the roots are in your garden, I would assume that the tree was planted in your garden on the edge of the boundary and then trespassed into the next door garden. You say the tree is casting shadow on your garden but I am unclear as to whether you wish to reduce the height of the tree or really wish to cut the tree down. You say the neighbour originally agreed to the tree being reduced so how did she then stop the works. Do you mean that she asked the treeman who was working for you to stop work? If the tree is damaging the garage then something needs to be done to prevent further damage and apparently your neighbour is not prepared to pay towards this. She cannot have it all ways.

I think if you don't want the tree or the tree is too high and you want it to be reduced then you should do so without delay. The more you allow her to dilly dally then you are encouraging her. The tree is mostly in your garden and on balance of probability I think it was originally planted in your garden. You have asked the neighbour and she has agreed to reduce the height at least so my advice is to do so without delay.

If you end up in prison would you like me to visit? :lol:

Kind regards
Coggy
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Re: Tree on boundary

Postby MacadamB53 » Mon Apr 21, 2014 11:18 pm

Hi croft-trees,

As the tree is damaging the garage

says who and with what authority?

Kind regards, Mac
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Re: Tree on boundary

Postby arborlad » Tue Apr 22, 2014 8:21 am

croft-trees wrote: So we measured out the halfs of the boundary and the 2/3 of the trunk and most of the visible roots are in our boundary. There is nothing in the deeds about ownership of the trees. Will this default to a tree where it is a shared tree?

Thanks.



With the bulk of the tree being on your land, it will be your tree.

It's very unlikely that a Sycamore was planted in this location, more likely a seedling that went unnoticed.

The tree may have some protection from Conservation Area or TPO, always worth checking.

Unless there is anything we are unaware of, felling is the only route I would be taking.
arborlad

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Re: Tree on boundary

Postby APC » Tue Apr 22, 2014 7:00 pm

span wrote:Sycamore? It's just a big weed. Get on with the job and chop the whole thing down.


That's tree racism.

Sycamores are pucka trees at maturity. I can't understand the almost universal dislike of them.
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Re: Tree on boundary

Postby croft-trees » Tue Apr 22, 2014 7:50 pm

For the damage, there us a large branch from the trunk growing into the timber roof, if you go inside then you can see parts of the timber beginning to sag under the weight of the branch.
We just checked our home insurance and we have legal cover, who have agreed with what we have done by putting it all in writing to the neighbour and getting her stance on who the tree belongs too. We've put a 4 week timeframe on that response.
Thanks for your advice so far, guess we will just need to sit tight and wait now!
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Re: Tree on boundary

Postby MacadamB53 » Tue Apr 22, 2014 7:58 pm

Hi croft-trees,

We've put a 4 week timeframe on that response.

More than reasonable IMHO.

What consequences did you spell out if you get no response?

Kind regards, Mac
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Re: Tree on boundary

Postby croft-trees » Tue Apr 22, 2014 8:35 pm

Oh, we didn't actually put one on. I guess we will need to write again with our intentions to get the tree down and a date the surgeons are coming.
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Re: Tree on boundary

Postby MacadamB53 » Tue Apr 22, 2014 8:42 pm

Hi croft-trees,

makes sense to me. (what did you put in the note if all that was missing? :) )

Kind regards, Mac
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Re: Tree on boundary

Postby TO » Wed Apr 23, 2014 8:17 am

Hi

APC wrote:
span wrote:Sycamore? It's just a big weed. Get on with the job and chop the whole thing down.

That's tree racism. Sycamores are pucka trees at maturity. I can't understand the almost universal dislike of them.
Ignorance

TO
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Re: Tree on boundary

Postby MacadamB53 » Wed Apr 23, 2014 8:59 am

TO wrote:Hi

APC wrote:
span wrote:Sycamore? It's just a big weed. Get on with the job and chop the whole thing down.

That's tree racism. Sycamores are pucka trees at maturity. I can't understand the almost universal dislike of them.
Ignorance

TO

Hi TO and APC,

I'm yet to meet someone who tells me they dislike sycamore trees in particular - so I don't understand the claim of an 'almost universal dislike'.
I guess it might be an unspoken dislike that only the gifted are aware of? :roll:

Kind regards, Mac
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