Neighbours Poplar Trees

Neighbours Poplar Trees

Postby SelbyGeoff » Thu Jun 12, 2014 10:31 am

Dear All

Hope someone can help as we have been having an issue with our neighbours trees for five years now.

They are severely encroaching onto our property both reducing light, blocking our gutters and two of these trees are actually touching buildings on our property. One on the garage the other the house. There are four trees in total two of which are only 2-3 meters away from our house and are approximately 25 meters high!!!!! they overhang the garden by around five meters and, we are currently suffering from the dreaded white fluff. As well as causing damage to buildings they overhang the garage and driveway to such an extent that the sap is causing damage to our cars as well.

I have spoken to the neighbour but he only rents. He tells me that he knows they are a problem and has spoken to his landlord. But still no action!

Any ideas anyone?
SelbyGeoff
 
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Re: Neighbours Poplar Trees

Postby Geometer » Thu Jun 12, 2014 11:05 am

You are entitled to cut back (at your own expense) any part of the trees that overhang your property to the boundary line but no further. You're not obliged to inform the tree owner of your intention to do this, although it would be courteous to do so. The "arisings" should be offered to the tree owner but they are not obliged to accept them, in which case you will need to dispose of them yourself (but not by simply chucking them over the fence). There's nothing you can do about seeds, twigs, sap etc. that fall from the trees, as this is considered to be a "natural" phenomenon, and not the responsibility of the tree owner. Check for TPO (Tree Protection Order) or Conservation Area status before carrying out any work on the trees.

Hope that helps.
Geometer
 
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Re: Neighbours Poplar Trees

Postby MacadamB53 » Thu Jun 12, 2014 12:08 pm

Hi Geoff,

but not by simply chucking them over the fence

just to be clear - doing this would be unlawful.

he tells me that he knows they are a problem and has spoken to his landlord

have you spoken to the tree owner?

Kind regards, Mac
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Re: Neighbours Poplar Trees

Postby SelbyGeoff » Thu Jun 12, 2014 1:24 pm

Thanks for the replies

Just for the record there has been previous damage to our property from their trees five years ago. When this happened the landlord cut the trees back as they had caused actual damage to the roof of our house. We are now, potentially, in the same position again. I know that its been said that I have the right to cut back the trees myself, but, because of there location of the trees and their proximity to buildings the cost is massive. I had one quote of £1500 to cut them back!!!!!!!!!!

I would have thought that the tree owner has a legal responsibility to maintain his trees, as they are causing both nuisance and damage to property!
SelbyGeoff
 
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Re: Neighbours Poplar Trees

Postby MacadamB53 » Thu Jun 12, 2014 2:39 pm

Hi Geoff,

I would have thought that the tree owner has a legal responsibility to maintain his trees, as they are causing both nuisance and damage to property

if the trees are causing an actionable nuisance (ie damage) then you can certainly ask the owner to sort it then:

1. ask a judge to order the owner to sort it
2. sort it yourself then take the owner to court to try and recover the costs

these are listed in preferential order.
you will need evidence.
if you opt for 2. then I'd suggest you get a few quotes and forewarn the owner to give him a chance to avoid legal proceedings.

All my non-expert, unqualified understanding, Mac
PS if the trees have a TPO or you're in a Conservation Area then you ought to notify the authorities.
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