Neighbour's tree

Neighbour's tree

Postby kenville » Tue Mar 31, 2015 8:20 pm

Hi,

A neighbouring house - which is on a different road to ours - has a garden that runs alongside the side of our house. The neighbour has a number of trees in their garden which are positioned quite close to our house. Both tree are higher than our roof and the branches of one of them now touches the side of our house. The others trees are positioned close to a row of garages, one of which is mine.

I'm aware that trees can cause structural damage to buildings, especially when in an area of clay soils which we are. Whilst I'm not a surveyor I can not see any major signs of a problem although some brickwork has some minor cracklines against the mortar. Our house was built in 1981 so not sure whether newer houses have foundations to counter things like this.

My question is: does the neighbour have a duty of care to manage their trees so as not to cause damage to neighbouring properties? do they only need to wait before any damage occurs before doing something or do i have a right to ask them to manage their trees, especially as they are so close to buildings.

Clearly I'd like to keep this amicable so looking for advice how best to approach this, but obviously concerned about the risk to my home which I'm guessing they need to be mindful of too with trees on their land in close proximity to other properties.

Thanks
kenville
 
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Re: Neighbour's tree

Postby MacadamB53 » Tue Mar 31, 2015 8:39 pm

Hi kenville,

does the neighbour have a duty of care to manage their trees so as not to cause damage to neighbouring properties?

no - they can be found liable for any damage which was reasonably foreseeable

do they only need to wait before any damage occurs before doing something

nobody is waiting for damage to occur

do i have a right to ask them to manage their trees

no

if you don't like the branches or roots encroaching over your property then cut them back to the boundary - job done.

Kind regards, Mac
MacadamB53
 
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Re: Neighbour's tree

Postby kenville » Tue Mar 31, 2015 8:48 pm

they can be found liable for any damage which was reasonably foreseeable


What is classed as reasonably foreseeable? Would most people consider that trees positioned right next to neighbouring properties can cause damage?

Regarding the branches touching my building, your reply suggests that I can simply cut them back but there is a cost to doing this. These branches are not in easy reach. I would've thought that people have a duty of care for their property not to impact others.
kenville
 
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Re: Neighbour's tree

Postby MacadamB53 » Tue Mar 31, 2015 8:59 pm

Hi kenville,

What is classed as reasonably foreseeable?

if you tell him the branches are touching your house wall then it would be reasonably foreseeable that damage will transpire.

Would most people consider that trees positioned right next to neighbouring properties can cause damage?

yes - but that isn't the same as will cause damage.

I would've thought that people have a duty of care for their property not to impact others.

are you saying he should keep his trees' growth in check so you can enjoy your property - would that not make him your servent?

Kind regards, Mac
edit: recommend you read this: http://www.gardenlaw.co.uk/phpBB2/viewtopic.php?f=2&t=15543&p=165277&hilit=Cats+trees#p165277
MacadamB53
 
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Re: Neighbour's tree

Postby kenville » Tue Mar 31, 2015 9:11 pm

Thanks for the replies.

LOL about the servant remark! I didn't mean it like that. I guess what I'm saying is that we all have a duty of care to our neighbours and if there are things that can be reasonably foreseen to cause problems then steps should be taken. For example, I wouldn't position a tree that close to a building and if I did inherit such a thing I'd probably do something about it rather than risk upsetting a neighbour and then potentially being liable for the damage.

I just wasn't sure whether you could put/have trees anywhere on your property and not have to worry about the impact on others.
kenville
 
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Joined: Sat Mar 28, 2015 9:29 pm

Re: Neighbour's tree

Postby MacadamB53 » Tue Mar 31, 2015 9:23 pm

kenville wrote:Thanks for the replies.

LOL about the servant remark! I didn't mean it like that. I guess what I'm saying is that we all have a duty of care to our neighbours and if there are things that can be reasonably foreseen to cause problems then steps should be taken. For example, I wouldn't position a tree that close to a building and if I did inherit such a thing I'd probably do something about it rather than risk upsetting a neighbour and then potentially being liable for the damage.

I just wasn't sure whether you could put/have trees anywhere on your property and not have to worry about the impact on others.
Hi kenville,

you're still confusing 1. taking action to avoid foreseeable damage whilst enjoying your legal right to have a tree on wherever you choose on your land vs 2. having no tree "just in case" - the later isn't more neighbourly than the former.

Kind regards, Mac
MacadamB53
 
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Joined: Mon Dec 10, 2012 12:13 am


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