Held Needed

Held Needed

Postby dannyc » Tue Mar 24, 2015 4:53 pm

Hi All,

Newbie here.
I drastically need some help regards a parish councils responsibilities on trees planted by them after the construction of my house.

Over the last few years some white poplar trees that were planted by the parish council have been systematically ruining my garden. There are now numerous exposed roots throughout my garden, some actually quite sharp.

We now have 2 children who love using the garden but frequently stub their toes on these roots.

I've been back and forward with the parish council and their last comment is that the tree roots are our responsibility just as overhanging branches would be.

Can anyone help me with this, it doesn't seem right that they don't take responsibility for this as i didn't ask for the trees there, they were planted after my house was built and personally i think they are too close to my property in any event.

Is there a legal requirement to not plant trees within x ft of a property?

Thanks in advance

Dan
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Re: Held Needed

Postby MacadamB53 » Tue Mar 24, 2015 5:44 pm

Hi Dan,

the tree roots are our responsibility just as overhanging branches would be.

correct

it doesn't seem right that they don't take responsibility for this as i didn't ask for the trees there

the law has it that NOBODY asked for those roots to grow there so you can feel as aggrieved as you like but the law won't change.

i think they are too close to my property in any event

you do not own the land with the trees so it's got nothing to do with you (apologies for being so frank but that's the truth)

is there a legal requirement to not plant trees within x ft of a property?

no there is not

Kind regards, Mac
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Re: Held Needed

Postby arborlad » Tue Mar 24, 2015 6:02 pm

dannyc wrote:We now have 2 children who love using the garden but frequently stub their toes on these roots.

I've been back and forward with the parish council and their last comment is that the tree roots are our responsibility just as overhanging branches would be.

Thanks in advance

Dan



You're unlikely to get any different response from the council, just remove the roots yourself - your children will love you for it :D




Is there a legal requirement to not plant trees within x ft of a property?



There are various, mostly insurance related guidelines, which were based on flawed data and are now debunked.
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Re: Held Needed

Postby arsie » Tue Mar 24, 2015 8:04 pm

As stated, the roots, like overhanging branches, are your responsibility. However should you remove the roots and the tree then dies you could be held liable for any damages.
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Re: Held Needed

Postby dannyc » Wed Mar 25, 2015 2:40 pm

Hi All,

Thanks for your replies and clearing up my queries.

Got to admit im amazed that the council can plant trees so close to my property and there be no repercussions when the roots of these trees ruin my garden but hey ho!

What im having even more trouble with is that if i do indeed remove the roots on my property and the tree dies, i can be held responsible?!? How can that be?
I think that is what im going to have to do but obviously don't want to kill the tree, more because i don't like the thought of my kids playing in a garden with a few trees that may now be unstable!

Seems as though i dont have much choice though.

Dan
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Re: Held Needed

Postby MacadamB53 » Wed Mar 25, 2015 2:56 pm

Hi Dan,

if it really is likely the trees would die or become dangerous (get a couple of pro opinions) you could offer to fell them and have replacements planted once you've installed a suitable barrier to prevent the same happening again.

Kind regards, Mac
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Re: Held Needed

Postby dannyc » Wed Mar 25, 2015 3:40 pm

Thanks Mac i'll look into it. Appreciate the feedback.
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Re: Held Needed

Postby arborlad » Wed Mar 25, 2015 5:05 pm

A sense of perspective needed I think, felling and replacing trees - hardly proportionate to the problem.

You're stuck between two common law rights, yours to be able to have your children play on the lawn without stubbing their toes and your neighbours rights not to have their property damaged by your actions, but how likely is that to happen?...............we're only talking surface roots which wont be providing much support to the tree, the deeper ones will be.

It's all a matter of degree, a limited amount or roots from each tree would not be significant, an excessive amount would be. If you are at all unsure, seek some further guidance or post some pictures.
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Re: Held Needed

Postby Roblewis » Wed Mar 25, 2015 5:33 pm

I would go for a root prune this will make them fibrous over time and less of a problem. Start now and continue every growing season. You can also dig a trench along your fence line and install a root barrier. Again do it asap.
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Re: Held Needed

Postby dannyc » Wed Mar 25, 2015 6:07 pm

thanks Roblewis and Arborlad, will look into the root barrier....didnt know that existed so good to know.
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Re: Held Needed

Postby jdfi » Sat Apr 11, 2015 12:34 am

Who owns the land at the other side of your boundary?

Is it actually land owned by them, or is it just some verge that the parish council have meddled with?

Remember that this parish council will NOT be the council with highway etc responsibility
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